People v. Otero

*490Defendant’s claim that the prosecutor should not have been permitted to question him about his pre-arrest silence is unpreserved by his general objection (People v Cruz, 177 AD2d 363). In any event, the prosecutor properly inquired into defendant’s silence since it was first brought out on direct examination (People v Lewis, 177 AD2d 421, lv denied 79 NY2d 949; People v Punter, 222 AD2d 242). Moreover, defendant did not remain silent, but rather stated prior to his arrest that he did not have a gun (People v Cruz, supra; People v Mayers, 100 AD2d 558).

Defendant’s claim of error regarding the…