The People. v. Lyxon Chery

65 N.E.3d 684, 28 N.Y.3d 139
CourtNew York Court of Appeals
DecidedNovember 1, 2016
Docket159
StatusPublished
Cited by7 cases

This text of 65 N.E.3d 684 (The People. v. Lyxon Chery) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
The People. v. Lyxon Chery, 65 N.E.3d 684, 28 N.Y.3d 139 (N.Y. 2016).

Opinions

[142]*142OPINION OF THE COURT

Chief Judge DiFiore.

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 presented, impeachment through cross-examination was permissible in order to challenge the credibility of defendant’s trial testimony as to the events that had transpired at the scene.

Shortly after midnight on April 20, 2012, defendant and another man attacked complainant, the lone employee in a small grocery store, while he was closing the store for the night.

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Cite This Page — Counsel Stack

Bluebook (online)
65 N.E.3d 684, 28 N.Y.3d 139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-people-v-lyxon-chery-ny-2016.