People v. Tucker
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*1078The defendant’s contention that he was deprived of a fair trial because the People were permitted to question him about his post-arrest silence, and to comment upon it in summation, is unpreserved for appellate review (see CPL 470.05 [2]). Nonetheless, upon the exercise of our interest of justice jurisdiction, we conclude that the People’s use of the defendant’s post-arrest silence was error requiring a new trial.
Upon the defendant’s arrest in connection with a shooting incident, he was read his Miranda rights (see Miranda v Arizona, 384 US 436 [1966]), and asked whether he was willing to…
2Cases cited18 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Brecht v. AbrahamsonSupreme Court of the United States · 1993
- People v. CrimminsNew York Court of Appeals · 1975
- Doyle v. OhioSupreme Court of the United States · 1976
- Harris v. New YorkSupreme Court of the United States · 1971
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3Cited by13 opinions
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- People v. TheodoreAppellate Division of the Supreme Court of the State of New York · 2014
- People v. AziziandavidiAppellate Division of the Supreme Court of the State of New York · 2012
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