PEOPLE v. ALPHONSO

2014-04614, Ind. No. 167/13.

144 A.D.3d 1168 (2016)

2016 NY Slip Op 08086

43 N.Y.S.3d 83

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY ALPHONSO, Appellant.

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

Decided November 30, 2016.


Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review his contention that the prosecutor improperly questioned him about his prearrest silence during cross-examination and improperly commented on his prearrest silence to impeach his credibility during summation (see CPL 470.05 [2]; People v Pringle, 136 A.D.3d 1061, 1062 [2016]). In any event, to the extent that the prosecutor...

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