PEOPLE v. FERS


32 A.D.3d 801 (2006)

821 N.Y.S.2d 567

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL FERS, Appellant.

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

September 28, 2006.


Defendant's evidentiary claim is unpreserved and we decline to review it. Were we to review it, we would find it to be without merit. Defendant opened the door to evidence and summation comment concerning his pretrial silence. Defendant testified on direct examination that he had an innocent explanation for his possession of the wallet he allegedly stole, but that the civilians who seized him prevented him from explaining, and that the police never asked him what happened...

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