Ordered that the judgments are affirmed.
We find that the trial court's instructions to the jury regarding the defendant's failure to testify did not deprive him of a fair trial (see, People v Malcolm, 143 A.D.2d 1044). Although the court erred in delivering a charge which "exceeded the plain and simple language of CPL 300.10 (2)" (see, People v Morris, 129 A.D.2d 591; see also, People v McLucas, 15 N.Y.2d 167), we conclude that there is no reasonable possibility that the error contributed to the defendant's conviction (see, People v Crimmins, 36 N.Y.2d 230, 237). The charge was "consistent in substance with the intent of the statute" (People v Gonzalez, 72 A.D.2d 508), and not so lengthy as to prejudicially draw the jury's attention to the issue (People v Morris, supra; cf., People v Colon, 143 A.D.2d 105; People v Gale, 138 A.D.2d 401; People v Concepcion, 128 A.D.2d 887, appeal withdrawn 69 N.Y.2d 1002).
We have examined the defendant's remaining contention and find it to be without merit. Thompson, J.P., Brown, Rubin and Sullivan, JJ., concur.