Legal Opinion

People v. Nolasco

Appellate Division of the Supreme Court of the State of New York

Decided May 22, 1979PublishedCited by 3 opinions

1Opinion of the Court

-Judgment Supreme Court, New York County, rendered July 16, 1976, convicting defendant, after a jury trial, of two counts of robbery in the first degree, reversed, on the law, and case remanded for a new trial. A defendant’s silence at the time of his arrest may not be used against him in subsequent judicial proceedings to impeach his credibility. To *550hold otherwise would be to penalize a defendant for exercising his constitutional privilege to remain silent while under custodial interrogation (People v Conyers, 65 AD2d 437, 440). Thus, a defendant has no obligation, after his arrest, to tell…

2Cases cited5 opinions

  1. People v. CrimminsNew York Court of Appeals · 1975
  2. People v. HamlinAppellate Division of the Supreme Court of the State of New York · 1977
  3. People v. SmootAppellate Division of the Supreme Court of the State of New York · 1977
  4. People v. MilanoAppellate Division of the Supreme Court of the State of New York · 1977
  5. People v. ConyersAppellate Division of the Supreme Court of the State of New York · 1978

3Cited by3 opinions

  1. People v. DawsonNew York Court of Appeals · 1980
  2. People v. NunezAppellate Division of the Supreme Court of the State of New York · 1980
  3. People v. ColarcoAppellate Division of the Supreme Court of the State of New York · 1979

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