People v. Muniz

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered July 27, 1971, convicting him of robbery in the second degree and assault in the second degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law and in the interest of justice, and new trial ordered. In our opinion, it was reversible error for the trial court to interrogate appellant as to whether he had made an exculpatory explanation to the arresting officer. The prosecutor in his summation referred to appellant’s failure to offer such an explanation and the court referred to it in…