People v. Nolasco
Appellate Division of the Supreme Court of the State of New York
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
- People v. CrimminsNew York Court of Appeals · 1975
- People v. HamlinAppellate Division of the Supreme Court of the State of New York · 1977
- People v. SmootAppellate Division of the Supreme Court of the State of New York · 1977
- People v. MilanoAppellate Division of the Supreme Court of the State of New York · 1977
- People v. ConyersAppellate Division of the Supreme Court of the State of New York · 1978
3Cited by3 opinions
- People v. DawsonNew York Court of Appeals · 1980
- People v. NunezAppellate Division of the Supreme Court of the State of New York · 1980
- People v. ColarcoAppellate Division of the Supreme Court of the State of New York · 1979