Legal Opinion
The People. v. Lyxon Chery
New York Court of Appeals
Decided November 1, 2016No. 159PublishedCited by 7 opinions
1Opinion of the Court
*142OPINION OF THE COURT
Chief Judge DiFiore.
The issue presented by this appeal is whether it was error to allow the People to use defendant’s selective silence, while making a spontaneous postdetention statement to the police, to impeach his trial testimony. We hold that, under the circumstances presented, impeachment through cross-examination was permissible in order to challenge the credibility of defendant’s trial testimony as to the events that had transpired at the scene.
Shortly after midnight on April 20, 2012, defendant and another man attacked complainant, the lone employee in a small…
2Cases cited7 opinions
- People v. CrimminsNew York Court of Appeals · 1975
- Doyle v. OhioSupreme Court of the United States · 1976
- Jenkins v. AndersonSupreme Court of the United States · 1980
- People v. ConyersNew York Court of Appeals · 1981
- People v. SavageNew York Court of Appeals · 1980
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- People v. MosleyAppellate Division of the Supreme Court of the State of New York · 2017
- People v. KabiaAppellate Division of the Supreme Court of the State of New York · 2021
- People v. ReganAppellate Division of the Supreme Court of the State of New York · 2021
- People v. MorehouseAppellate Division of the Supreme Court of the State of New York · 2022
- Chery v. CunninghamDistrict Court, S.D. New York · 2020
2 more not listed; retrieve them via the Exa API.