Legal Opinion

People v. Davis

Appellate Division of the Supreme Court of the State of New York

Decided January 22, 1996PublishedCited by 7 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Firetog, J.), rendered December 8, 1992, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

On appeal, the defendant contends that the prosecutor impermissibly elicited testimony concerning his . post-arrest *653silence. This contention is unpreserved for appellate review (see, CPL 470.05 [2]; People v Loaiza, 201 AD2d 587). In any event, any error in this regard was, under the circumstances, harmless beyond a…

2Cases cited6 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. RussoNew York Court of Appeals · 1995
  3. People v. RussoAppellate Division of the Supreme Court of the State of New York · 1994
  4. People v. LoaizaAppellate Division of the Supreme Court of the State of New York · 1994
  5. People v. LongAppellate Division of the Supreme Court of the State of New York · 1994

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. People v. GermanAppellate Division of the Supreme Court of the State of New York · 2007
  2. People v. BeauliereAppellate Division of the Supreme Court of the State of New York · 2007
  3. People v. JosephAppellate Division of the Supreme Court of the State of New York · 2002
  4. People v. ThorntonAppellate Division of the Supreme Court of the State of New York · 2013
  5. People v. ClemmingsAppellate Division of the Supreme Court of the State of New York · 2002

2 more not listed; retrieve them via the Exa API.

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