People v. Luft

The trial court, over objection and exception, erroneously permitted the People to elicit from defendant, upon cross-examination, the fact that when under arrest defendant had refused to answer any questions concerning his relations with the two complaining witnesses. It is the rule in this State that a defendant under arrest is under no duty to speak or to deny any accusation made against him. Testimony of silence of the defendant as an admission in such circumstances constitutes error. (People v. Rutigliano, 261 N. Y. 103, 106, 107; People v. Dolce, Id. 108; People v. Marendi, 213 id. 600,…