The People. v. Lyxon Chery

65 N.E.3d 684, 28 N.Y.3d 139
New York Court of Appeals·Decided November 1, 2016·No. 159·Published·Cited by 7 cases

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

65 N.E.3d 684 (The People. v. Lyxon Chery) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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