People v. James

—Judgment, Supreme Court, Bronx County (Joseph Cerbone, J., at trial; Gerald Sheindlin, J., at sentence), rendered January 30, 1990, convicting defendant, after a jury trial, of robbery in the first degree, and sentencing him to a term of 12 Vi to 25 years, unanimously affirmed.

While the prosecutor should not have adduced evidence of defendant’s postarrest silence even for the purpose of showing that defendant understood the Miranda warnings (see, People v De George, 73 NY2d 614), the misconduct was harmless in view of the overwhelming evidence of guilt, including defendant’s apprehension…