People v. Sutton

*579AFTER REMAND

Boyle, J.

The defendant has no standing to claim error on appeal in the impermissible use of silence when his position at trial was that he had not remained silent, but in fact had given a post-arrest, postcustody statement that the shooting was an accident.

Defense counsel waived any claim of such error. Not only did he fail to object to the prosecutor’s cross-examination of the defendant, counsel thereafter affirmatively sought to create the impression that the defendant’s trial testimony, that he had told the police that the shooting was an accident, was truthful. Therefore,…