People v. Harris

*1524Memorandum: On appeal from a judgment convicting him, following a jury trial, of two counts of burglary in the second degree (Penal Law § 140.25 [2]), defendant contends that he was denied the right to a fair trial when the prosecutor impeached his trial testimony by cross-examining him with respect to his pretrial silence concerning exculpatory information omitted from his pretrial statement to the police but included in his direct testimony at trial. We reject that contention. Although a prosecutor generally may not use the pretrial silence of a defendant to impeach his or her trial…