People v. McTootle

Judgment, Supreme Court, Bronx County (Gerald Sheindlin, J.), rendered June 30, 1998, convicting defendant, after a nonjury trial, of assault in the first degree and criminal possession of a weapon in the fourth degree, and sentencing him to concurrent terms of IV2 to 4V2 years and 1 year, respectively, unanimously affirmed.

The People’s reference in summation to defendant’s failure to mention, in his voluntary post-arrest statements to the police, an alleged incident in which the complainant assaulted defendant prior to the commission of the crime charged, which alleged incident purportedly…