Ordered that the judgment is affirmed.
The court improperly instructed the jury that no adverse inference should be drawn from the defendant's failure to testify in the absence of a request by the defendant for such a charge (see, People v Koberstein, 66 N.Y.2d 989; CPL 300.10). Nevertheless, we find that this error was harmless beyond a reasonable doubt because there is no reasonable probability that it contributed to the defendant's conviction (see, People v Carlton, 146 A.D.2d 641; People v Malcolm, 143 A.D.2d 1049). There was overwhelming proof of the defendant's guilt, and the court's instruction did not imply that the defendant's decision not to testify was merely a tactical maneuver instead of the exercise of a constitutional right (see, People v Ogle, 142 A.D.2d 608; People v Morris, 129 A.D.2d 591).
The defendant's remaining contentions are unpreserved for appellate review and, in any event, without merit. Thompson, J.P., Brown, Kunzeman and Rubin, JJ., concur.