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PEOPLE v. HILL

No 194

24 N.Y.3d 1007 (2014)

23 N.E.3d 1021

998 N.Y.S.2d 753

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DERRICK HILL, Appellant.

Court of Appeals of New York.

Decided November 18, 2014.

Attorney(s) appearing for the Case

Steven Banks , The Legal Aid Society, New York City ( Jonathan Garelick and Scott A. Rosenberg of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Philip Morrow and Alan Gadlin of counsel), for respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT and RIVERA concur; Judge ABDUS-SALAAM taking no part.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial ordered.

Absent "unusual circumstances," evidence of a defendant's silence at the time of arrest is generally inadmissible under common-law evidentiary principles (People v Conyers, 52 N.Y.2d 454, 459 [1981]). And the use for impeachment purposes of a defendant's silence after receiving Miranda...

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