People v. Johnson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
On cross-examination the prosecutor questioned defendant concerning the absence of prearrest and postarrest claims of self-defense and/or intoxication and on summation commented on defendant’s pretrial silence. Such questioning and commentary violated defendant’s 5th Amendment rights (Doyle v Ohio, 426 US 610, 617-618; People v Conyers, 52 NY2d 454, 456-457; People v Artis, 67 AD2d 981; People v Smoot, 59 AD2d 898). Defense counsel, however, did not object to the cross-examination or summation and thus has failed to preserve the issue for appellate review (see, CPL 470.05 [2]; People v…
2Cases cited8 opinions
- Doyle v. OhioSupreme Court of the United States · 1976
- People v. ThomasNew York Court of Appeals · 1980
- People v. ConyersNew York Court of Appeals · 1981
- People v. WrightAppellate Division of the Supreme Court of the State of New York · 1984
- People v. SmootAppellate Division of the Supreme Court of the State of New York · 1977
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- People v. CastroAppellate Division of the Supreme Court of the State of New York · 2001
- People v. BeauliereAppellate Division of the Supreme Court of the State of New York · 2007
- People v. MaybeeAppellate Division of the Supreme Court of the State of New York · 1989
- People v. MathewsAppellate Division of the Supreme Court of the State of New York · 1996
- People v. WallsAppellate Division of the Supreme Court of the State of New York · 1997
2 more not listed; retrieve them via the Exa API.