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PEOPLE v. AUGUSTINE

6 A.D.3d 543 (2004)

774 N.Y.S.2d 397

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WOODY AUGUSTINE, Appellant.

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

April 12, 2004.

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

The defendant correctly contends that the prosecutor's questions regarding whether he "ma[de] an outcry" or filed a police report after his arrest were improper and violated his right to remain silent (see People v Haines, 139 A.D.2d 591 [1988]; People v Livingston, 128 A.D.2d 645 [1987]; People v Pavao...

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