People v. Gardner

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Owens, J.), rendered February 7, 1990, convicting him of manslaughter in *639the first degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the trial court erred when it delivered an unrequested instruction on his failure to testify (see, People v McLucas, 15 NY2d 167). Since no objection was made, this claim is unpreserved for appellate review (see, People v Autry, 75 NY2d 836). In any event, there is…