People v. Gonzalez

— Judgment of the Supreme Court, Bronx County (Archie Gorfinkel, J.), rendered on April 6, 1983, convicting defendant, after a jury trial, of two counts of criminal possession of a controlled substance and sentencing him, as a second felony offender, to two concurrent indeterminate terms of from AVz to 9 years’ imprisonment, is reversed, on the law, and the matter remanded for a new trial.

In its charge to the jury, the trial court properly did not instruct them to refrain from drawing any negative inference *309regarding the defendant’s failure to testify. After the instructions had been…