PEOPLE v. SILVAGNOLI (2018)

Court of Appeals of New York.

The PEOPLE of the State of New York, Appellant, v. Roque SILVAGNOLI, Respondent.

No. 61

Decided: June 12, 2018

Cyrus R. Vance, Jr., District Attorney, New York City (Stephen Kress and Alan Gadlin of counsel), for appellant. Seymour W. James, Jr., The Legal Aid Society, New York City (William B. Carney of counsel), for respondent.

OPINION OF THE COURT

The order of the Appellate Division should be reversed and the judgment of Supreme Court reinstated.

In this case, the impermissible questioning of defendant on a represented matter was so brief, flippant, and minimal that it was discrete and fairly separable as a matter of law from the interrogation of defendant on an unrepresented matter (see People v. Cohen, 90 N.Y.2d 632, 641, 665 N.Y.S.2d 30, 687 N.E.2d 1313 [1997] ). Defendant's further arguments regarding the represented matter lack merit.

Defendant's alternative argument presents a mixed question of law and fact that is not subject to further review where, as here, the determination that defendant failed to invoke his right to remain silent is supported by evidence in the record (see People v. Glover, 87 N.Y.2d 838, 839, 637 N.Y.S.2d 683, 661 N.E.2d 155 [1995] ).

Order reversed and judgment of Supreme Court, New York County, reinstated, in a memorandum.

MEMORANDUM.

Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur.

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