People v. Brower

On the instant appeal, the defendant argues that the court committed reversible error in its instruction to the jury with regard to the defendant’s failure to testify. We agree.

In its instruction on this issue, the court stated: "The law has given him the right in effect to say to the Prosecution prove your case against me. It is my judgment that the situation is such that I am not bound to take the witness stand. And the law gives me that right. And the law gives me that privilege”. This instruction not only exceeded the "plain and simple language of CPL 300.10 (2)” (People v Morris, 129…