People v. Tucker

Rivera, J.P,

dissents and votes to affirm the judgment, with the following memorandum: On the instant appeal, the defendant contends that he was deprived of a fair trial because the prosecutor cross-examined him and commented during summa*1082tion on his “post-arrest silence.” He further argues that he was deprived of the effective assistance of counsel. For the reasons that follow, I would affirm the judgment of conviction.

1. Factual Background

This case involves the shooting of two individuals, Stanley McKinnon and Asim Nelson. A few hours after the shooting, the defendant was arrested and advised…