People v. Aguirre

—Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Kuffner, J.), rendered June 13, 1994, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Although the court erred in instructing the jury, in the absence of a request by the defendant, that no adverse inference should be drawn from the defendant’s failure to testify (see, CPL 300.10 [2]; People v Vereen, 45 NY2d 856; People v Bradshaw,…