People v. Mullally

Judgment unanimously affirmed. Memorandum: Defendant took no exception to the court’s instructions to the jury, and issues raised on appeal regarding the court’s charge have not been preserved for our review (CPL 470.05 [2]). We note thát the trial court erred by instructing the jury, in the absence of a request by defendant, that no unfavorable inference may be drawn from defendant’s failure to testify (People v Gonzalez, 145 AD2d 923; People v Goncalves, 143 AD2d 530). Proof of defendant’s guilt, however, was overwhelming and the error was harmless (People v Koberstein, 66 NY2d 989; People…