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PEOPLE v. WATERS

90 N.Y.2d 826 (1997)

682 N.E.2d 980

660 N.Y.S.2d 379

The People of the State of New York, Respondent, v. Dwayne Waters, Appellant.

Court of Appeals of the State of New York.

Decided June 5, 1997.

Attorney(s) appearing for the Case

Kannan Sundaram, New York City, and Daniel L. Greenberg for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Karen Heiss Eisen and Marc Frazier Scholl of counsel), for respondent.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant was charged with robbery. He waived his Miranda rights and gave the investigating officer two different alibis. When confronted with information contradicting each alibi, defendant remained silent.

At trial, testimony about defendant's silence after his first alibi was contradicted was elicited on the People's direct case...

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