PEOPLE v. BRADSHAW

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.