Commonwealth v. DiPietro

OPINION

MONTEMURO, Justice.

Appellant, Vittorio DiPietro, seeks a new trial based on improper prosecutorial references to his post-arrest silence. A jury found Appellant guilty of aggravated assault1 and *384recklessly endangering another person.2

On December 3, 1990, Appellant, in an allegedly purposeful manner, drove his automobile over a curb and struck the victim, inflicting severe injuries. During the trial, State Police Trooper Donald Harriman testified that he administered the following Miranda warning to Appellant:

My name is Trooper Don Harriman of the Pennsylvania State Police. You have an…