State v. Elkwisni

Justice WALLACE, JR.,

delivered the opinion of the Court.

In the present case, with one judge dissenting, the Appellate Division held that defendant’s right to remain silent was not violated when the prosecutor questioned him concerning portions of his testimony that were not included in his post-Miranda 1 statement. We affirm and hold that the prosecutor may cross-examine a defendant concerning inconsistencies between his or her post-Miranda statement to the police and testimony presented at trial.

I

We briefly recite the facts. On the evening of March 24, 2003, Jamal Darwish was worMng alone in…