People v. Murphy

This prosecution arises out of the burglary of an apartment by defendant and codefendant in the company of a confidential informant who kept police apprised of the burglary’s progress. As a result, the perpetrators were arrested as they left the apartment. When defendant was arrested, he made an inculpatory statement. There is no merit to defendant’s argument that the prosecutor, eliciting testimony from a police officer that codefendant made no statement, imputed testimony of post-arrest silence to defendant. With respect to codefendant’s failure to object to the court’s curative…