People v. Stockwell

Appeal from a judgment of the County Court of Rensselaer County (Ceresia, Jr., J.), rendered July 21, 1988, upon a verdict convicting defendant of the crime of burglary in the third degree.

Defendant claims that impermissible use was made of his postarrest silence by the prosecutor during summation. No objection was made to the comments at the time of summation. Immediately thereafter, however, defense counsel ob*801jected to the comments and requested curative instructions as part of the charge to the jury, requesting specifically that County Court advise the jury that defendant had the right to…