People v. McCargo

— Appeal by defendant from a judgment of the County Court, Nassau County, rendered February 15, 1978, convicting him of burglary in the third degree and petit larceny, upon a jury verdict, and imposing sentence. Judgment affirmed. Prior to the selection of the second alternate juror the court stated that defense counsel had requested that it charge that no unfavorable inference could be drawn against the defendant if he failed to take the witness stand on his own behalf. Although no objection or exception was taken to the statement it was improper for the court to tell the jury that such a…