Ordered that the judgment is reversed, on the law and as a matter of discretion in the interest of justice, and a new trial is ordered.
The defendant's contention that he was deprived of a fair trial because the People were permitted to question him about his post-arrest silence, and to comment upon it in summation, is unpreserved for appellate review (see CPL 470.05 [2]). Nonetheless, upon the exercise of our interest of justice jurisdiction, we conclude that...
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