People v. Anthony Pavone


AD3 order dated May 29, 2014, affirming judgment of conviction. Decision below: 117 AD3d 1329, 986 NYS2d 674. Pigott, J., granted leave September 24, 2014. Argued November 18, 2015.
ISSUES PRESENTED: (1) Whether the People’s introduction into evidence of defendant’s post-Miranda-right silence on their direct case, in violation of his 5th Amendment rights, was harmless beyond a reasonable doubt. (2) Whether trial defense counsel was ineffective for, inter alia, failing to object to most of the above testimony.