Opinion
May 22, 1989
Appeal from the Supreme Court, Kings County (Moskowitz, J.).
Ordered that the judgments are affirmed.
We find that the trial court's instructions to the jury regarding the defendant's failure to testify did not deprive him of a fair trial (see, People v Malcolm, 143 A.D.2d 1044). Although the court erred in delivering a charge which "exceeded the plain and simple language of CPL 300.10 (2)" (see, People v Morris, 129 A.D.2d 591; see also, People v McLucas, 15 N.Y.2d 167), we conclude that there is no reasonable possibility that the error contributed to the defendant's conviction (see, People v Crimmins, 36 N.Y.2d 230, 237). The charge was "consistent in substance with the intent of the statute" (People v Gonzalez, 72 A.D.2d 508), and not so lengthy as to prejudicially draw the jury's attention to the issue (People v Morris, supra; cf., People v Colon, 143 A.D.2d 105; People v Gale, 138 A.D.2d 401; People v Concepcion, 128 A.D.2d 887, appeal withdrawn 69 N.Y.2d 1002).
We have examined the defendant's remaining contention and find it to be without merit. Thompson, J.P., Brown, Rubin and Sullivan, JJ., concur.