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PEOPLE v. DESTERDICK

173 A.D.2d 312 (1991)

The People of the State of New York, Respondent, v. Bryan Desterdick, Appellant

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

May 16, 1991

The People's reference to defendant's post-arrest silence on their redirect case did not violate defendant's constitutional right to remain silent or his right against self-incrimination (People v Basora, 75 N.Y.2d 992; People v Conyers, 49 N.Y.2d 174). Here, defense counsel opened the door to this issue by cross-examining the police officer with...

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