People v. Wallace

Appeal by the defendant from a judgment of the Supreme Court, Queens County (O’Brien, J.), rendered July 14, 1988, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant did not testify at trial, and at its conclusion he requested that the jury be instructed pursuant to CPL 300.10 (2) that it could not draw any unfavorable inference from his decision not to testify. In honoring that request, the trial court instructed the jury that: "[ujnder our law a defendant may, if he…