People v. Dyer

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Finnegan, J.), rendered March 16, 1992, convicting him of robbery in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered. No questions of fact have been raised or considered.

We find that the defendant was prejudiced by the prosecutor’s violation of the principle that a defendant’s post-arrest silence is inadmissible for impeachment purposes in the absence of unusual circumstances (see, People v Conyers, 52 NY2d 454; compare, People…