People v. De George

OPINION OF THE COURT

Simons, J.

Defendant has been convicted of assault in the first degree (Penal Law § 120.10) and criminal use of a firearm in the second degree (Penal Law § 265.08) as the result of the barroom shooting of Gary Campbell. During the trial, the jury heard evidence of defendant’s silence shortly before his arrest, particularly his failure to respond to general inquiries made in his presence at the scene of the shooting by the investigating police officer. It was used both to impeach defendant’s testimony on cross-examination and as direct evidence of defendant’s depraved…