PEOPLE v. PETERSEN


4 N.Y.2d 992 (1958)

The People of the State of New York, Respondent, v. George John Petersen, Appellant.

Court of Appeals of the State of New York.

Decided June 25, 1958.


Attorney(s) appearing for the Case

Joseph P. Fallon for appellant.

Frank A. Gulotta, District Attorney (Henry P. De Vine of counsel), for respondent.

Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE concur.


Per Curiam.

Prejudicial error was committed by the trial court in allowing the prosecution to exploit the fact that defendant had not told the police, the Judge, the District Attorney and the Grand Jury that he was not driving his car at the time he was so charged, but that it had been driven by someone else. Defendant was under no duty to speak when in the custody of the authorities, and his failure to do so cannot...

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