The People. v. Lyxon Chery

This opinion is uncorrected and subject to revision before publication in the New York Reports. ----------------------------------------------------------------- No. 159 The People &c., Respondent, v. Lyxon Chery, Appellant. Marisa K. Cabrera, for appellant. Patricia Curran, for respondent. DiFIORE, Chief Judge: The issue presented by this appeal is whether it was error to allow the People to use defendant's selective silence, while making a spontaneous postdetention statement to the police, to impeach his trial testimony. We hold that, under the circumstances presented, impeachment through…