People v. Rodriguez

Judgment, Supreme Court, Bronx County (Lawrence J. Tonetti, J.), rendered February 2, 1990, convicting defendant, after a jury trial, of murder in the second degree, burglary in the first degree, and criminal possession of a weapon in the fourth degree, and sentencing him to concurrent prison terms of 15 years to life, 8 and 1/3 to 25 years, and 1 year, respectively, unanimously affirmed.

Defendant’s contention that he was denied a fair trial by the court’s instruction concerning his decision not to testify is unpreserved as a matter of law, no objection to the instruction having been made,…