PEOPLE v. MARABEL

The trial court properly granted defendant's CPL 330.30 motion to set aside the verdict on the ground that its instructions to the jury regarding defendant's right not to testify implied that defendant's exercise of such right was a tactical maneuver and drew unnecessary attention to his silence by characterizing his decision not to testify as an "election" of his right to remain silent, and by otherwise substantially tracking the language condemned in People v Wright ( 174 A.D.2d 522) and People v Garcia ( 160 A.D.2d 354, appeal dismissed 76 N.Y.2d 934; see also, People v Anderson, 168 A.D.2d 360, lv denied 78 N.Y.2d 953).

Concur — Murphy, P.J., Rosenberger, Ross and Kassal, JJ.