People v. Lovell — 122 A.D.2d 78

Majority

p. 78

The People of the State of New York, Respondent, v Ian Lovell, Appellant.

— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Leone, J.), rendered November 20, 1984, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

While the trial court erred in charging the jury that "the fact that the defendant did not testify is not a factor from which any inference unfavorable to the defendant may be drawn”, in the absence of a request for such charge by the

p. 79

defendant, the error was harmless in view of the overwhelming evidence of the defendant’s guilt (see, People v Koberstein, 66 NY2d 989 ; People v Vereen, 45 NY2d 856 , 857). We have considered all of the defendant’s other claims and find them to be without merit. Weinstein, J. P., Niehoff, Lawrence and Kooper, JJ., concur.

Cases cited

People v. Koberstein 66 NY2d 989 N.Y. 1985-12-19 p. 79
People v. Vereen 45 NY2d 856 N.Y. 1978-10-19 at 857 p. 79