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PEOPLE v. DILLON

30 A.D.3d 1135 (2006)

815 N.Y.S.2d 574

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHAUNCEY DILLON, Appellant.

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

June 6, 2006.

Since defendant chose to make a statement to the police, the prosecutor was entitled to make appropriate reference in summation to the content of the statement, and his remarks did not constitute an improper comment on defendant's exercise of the right to remain silent (see e.g. People v Durden, 211 A.D.2d 568 [1995], lv denied 85 N.Y.2d 937 [1995]). In any event, the court's instruction to the jury was sufficient to prevent...

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