People v. Dolce

Evidence of appellant’s silence while under arrest when incriminating statements were made in his presence by his co-defendant Russo in reply to a police officer was received in reliance on Kelley v. People (55 N. Y. 565, 572-574) as admissions of the truth of such statements sufficient to establish appellant’s guilty participation in the conspiracy.

While the objection was not directed specifically to this point, the exception to the ruling under which the statements were received was sufficient to raise the question.

In People v. Rutigliano (261 N. Y. 103) we have held that a person in…