People v. Muir

Judgment unanimously reversed, on the law, and a new trial granted. Memorandum: Defendant appeals from a judgment of conviction entered upon a jury verdict which found him guilty of manslaughter in the first degree and grand larceny in the third degree. At trial defendant neither testified in his own behalf nor presented any witness. Defense counsel timely requested that, pursuant to CPL 300.10 (subd 2), the court charge that "the fact that he did not testify is not a factor from which any inference unfavorable to the defendant may be drawn.” In submitting this issue to the jury, the court…