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PEOPLE v. MEJIA

256 A.D.2d 422 (1998)

683 N.Y.S.2d 541

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GUSTAVO MEJIA and EUGENIA ROBINSON, Appellants.

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

Decided December 14, 1998.

Ordered that the judgments are reversed, on the law, and a new trial is ordered.

We find that the defendants were prejudiced by the prosecutor's violation of the rule that a defendant's postarrest silence is inadmissible for impeachment purposes in the absence of unusual circumstances (see, People v Conyers, 52 N.Y.2d 454), which are not present here. The defendant Eugenia Robinson

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