Opinion
December 12, 1995
Appeal from the Supreme Court, New York County (Alfred Donati, Jr., J.).
Defendant's claim concerning the court's no adverse inference instruction during voir dire is both waived and unpreserved. Defendant requested and agreed to the expanded instruction which the court proposed and ultimately gave. Defendant raised no objection to the instruction, which, in any event, did not convey to the jury that the defendant should have testified ( People v Autry, 75 N.Y.2d 836, 839).
Concur — Ellerin, J.P., Rubin, Nardelli, Williams and Mazzarelli, JJ.