Appellate Division of the Supreme Court of the State of New York June 10, 1998 (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 [2]; People v Rozanski, 209 AD2d 1018, lv denied 84 NY2d 1038; People v Monk, 192 AD2d 1081, lv denied 81 NY2d 1077).