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People v. Colon

Appellate Division of the Supreme Court of New York, First Department
Mar 11, 1993
191 A.D.2d 255 (N.Y. App. Div. 1993)

Opinion

March 11, 1993

Appeal from the Supreme Court, New York County (Budd G. Goodman, J.).


Defendant was arrested in a "buy and bust" operation. Defendant's claim that his right against self-incrimination was abridged is not preserved by timely and appropriate objection (CPL 470.05), and we decline to reach it in the interest of justice. Even if we were to consider this argument in the interest of justice, the questions do not constitute reversible error. The record reflects that the particular line of questioning at issue here, concerning defendant's post-arrest silence, was not prejudicial, and may even have been affirmatively used by defendant as part of his trial strategy to cast the police in a bad light.

We have examined defendant's remaining contentions, both preserved and unpreserved, and find them to be without merit.

Concur — Milonas, J.P., Rosenberger, Kupferman and Ross, JJ.


Summaries of

People v. Colon

Appellate Division of the Supreme Court of New York, First Department
Mar 11, 1993
191 A.D.2d 255 (N.Y. App. Div. 1993)
Case details for

People v. Colon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANGEL COLON, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 11, 1993

Citations

191 A.D.2d 255 (N.Y. App. Div. 1993)
595 N.Y.S.2d 15

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