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PEOPLE v. CHERY

No. 159.

28 N.Y.3d 139 (2016)

65 N.E.3d 684

42 N.Y.S.3d 655

2016 NY Slip Op 07109

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LYXON CHERY, Appellant.

Court of Appeals of New York.

Decided November 1, 2016.

Attorney(s) appearing for the Case

Robert S. Dean, Center for Appellate Litigation, New York City (Marisa K. Cabrera of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York City (Patricia Curran and Alice Wiseman of counsel), for respondent.

OPINION OF THE COURT

The issue presented by this appeal is whether it was error to allow the People to use defendant's selective silence, while making a spontaneous postdetention statement to the police, to impeach his trial testimony. We hold that, under the circumstances...

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