Opinion
September 27, 1988
Appeal from the Onondaga County Court, Mordue, J.
Present — Dillon, P.J., Callahan, Boomer, Balio and Davis, JJ.
Judgment unanimously affirmed. Memorandum: In the absence of a request by defendant, the trial court may not instruct the jury that no unfavorable inference may be drawn from defendant's decision not to testify (CPL 300.10). Defendant did not request the charge and it was thus error for the court to so instruct the jury. Given the overwhelming evidence of defendant's guilt, however, "there is no reasonable possibility that the error might have contributed to defendant's conviction" (People v Crimmins, 36 N.Y.2d 230, 237; see also, People v Koberstein, 66 N.Y.2d 989). We find, therefore, that the error is harmless. We have examined defendant's remaining contentions and find them to be without merit.