PEOPLE v. DAVIS

Judgment unanimously affirmed. Memorandum: In the absence of a request by defendant for an adverse inference charge, County Court erred in charging the jury that no adverse inference should be drawn from defendant's failure to testify ( see, CPL 300.10; People v. Rozanski, 209 A.D.2d 1018, lv denied 84 N.Y.2d 1038; People v. Monk, 192 A.D.2d 1081, lv denied 81 N.Y.2d 1077). The error, however, is harmless. Proof of defendant's guilt is overwhelming, and there is no reasonable possibility that the error might have contributed to defendant's conviction ( see, People v. Crimmins, 36 N.Y.2d 230, 237; People v. Monk, supra; People v. Goncalves, 143 A.D.2d 530, lv denied 73 N.Y.2d 855).