People v. Weatherspoon

— Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of criminally negligence homicide for the stabbing death of his brother, defendant contends that the trial court committed reversible error in admitting evidence of his refusal to talk to the police immediately after his arrest. The People concede that such evidence was improperly admitted (see, Wainwright v Greenfield, 474 US 284). However, in light of the testimony concerning defendant’s subsequent statement to the police and testimony concerning his statement to the 911 operator that he had stabbed the…