PEOPLE v. RILEY


65 A.D.2d 608 (1978)

The People of the State of New York, Respondent, v. Wilbur P. Riley, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 23, 1978


Judgment reversed, on the law, and new trial ordered.

At trial the defendant took the stand and for the first time raised the affirmative defense of entrapment. The record indicates that, if believed, the defendant's testimony established the requisite elements of entrapment. On cross-examination, the prosecution inquired as to why the defendant had not previously told his story to the police. This type of inquiry into a defendant's postarrest silence is a serious...

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