Opinion
February 21, 1995
Appeal from the Supreme Court, Kings County (Owens, J.).
Ordered that the judgment, as amended, is affirmed.
The defendant's contention that the no-adverse-inference charge deprived him of a fair trial is unpreserved for appellate review. The defendant neither requested that the Trial Judge limit his instruction to the statutory language (see, CPL 300.10), nor objected to the charge as given (see, People v. Autry, 75 N.Y.2d 836). In any event, although it was improper for the court to state that the defendant had requested the charge (see, People v. Abreu, 74 A.D.2d 876, 876-877; People v. Turner, 48 A.D.2d 674, 675), this error is harmless in view of the overwhelming evidence of the defendant's guilt (see, People v. Crimmins, 36 N.Y.2d 230, 241-242; People v. Strawder, 54 A.D.2d 743). O'Brien, J.P., Lawrence, Krausman and Florio, JJ., concur.