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PEOPLE v. JAMES

197 A.D.2d 429 (1993)

602 N.Y.S.2d 610

The People of the State of New York, Respondent, v. Ronald James, Appellant

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

October 19, 1993

While the prosecutor should not have adduced evidence of defendant's postarrest silence even for the purpose of showing that defendant understood the Miranda warnings (see, People v De George, 73 N.Y.2d 614), the misconduct was harmless in view of the overwhelming evidence of guilt, including defendant's apprehension within minutes of the robbery in possession of the victim's property. Any prejudice caused by the prosecutor...

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