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PEOPLE v. FRIAS

250 A.D.2d 495 (1998)

673 N.Y.S.2d 416

The People of the State of New York, Respondent, v. Franklyn Frias, Also Known as Franklin Frias, Appellant

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

May 21, 1998

The court properly admitted a prosecution witness's testimony under the admission by silence exception to the hearsay rule. The record supports the conclusion that defendant heard another person's statement accusing him of the crime, understood its implication and remained silent although he was free to answer (see, People v Koerner, 154 N.Y. 355, 374; People v Benanti, 158 A.D.2d 698

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