Opinion
October 16, 1989
Appeal from the Supreme Court, Kings County (Broomer, J.).
Ordered that the judgment is affirmed.
Although the trial court's instruction under CPL 300.10 with regard to the defendant's right not to testify was improper in that it deviated from the statutory language, this slight departure drew no objection from the defendant. We find that there is no reasonable possibility that the error contributed to the defendant's conviction in light of the over-whelming proof of guilt (see, People v Crimmins, 36 N.Y.2d 230, 237; People v Kimbrough, 134 A.D.2d 618). Kooper, J.P., Spatt, Harwood and Rosenblatt, JJ., concur.