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PEOPLE v. DEJESUS

261 A.D.2d 196 (1999)

691 N.Y.S.2d 29

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CESA DEJESUS, True Name CESAR DEJESUS, Appellant.

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

Decided May 13, 1999.

The court properly exercised its discretion when it refused defendant's request to charge the jury that it could consider, with respect to credibility, a police officer's invocation of his Fifth Amendment privilege on cross-examination concerning a collateral matter, and instead instructed the jury to draw no inference from that fact (see, People v Siegel, 87 N.Y.2d 536, 544-545; see also, People v Thomas,

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