Court of Appeals of New York

Order of the Appellate Division admitting evidence of defendant's post-Miranda silence is reversed and a new trial ordered, where: 1) absent "unusual circumstances," evidence of a defendant's silence at the time of arrest is generally inadmissible under common-law evidentiary principles, and the use of a defendant's post-Miranda silence for impeachment purposes is impermissible as a matter of due process; 2) under the circumstances, defendant did not open the door to evidence of his post-Miranda silence; and 3) the introduction of post-Miranda silence evidence was not harmless error.

Appellate Information

• Decided 11/18/2014
• Published 11/18/2014

Judges

Court

• Court of Appeals of New York

Counsel