Summary
finding issue of prosecutor's questioning of a defendant regarding post-arrest silence was not preserved for appellate review because defense counsel failed to object to the line of questioning at the time
Summary of this case from Thornton v. SmithOpinion
February 14, 1994
Appeal from the Supreme Court, Queens County (Joy, J.).
Ordered that the judgment is affirmed.
Upon his arrival at Kennedy Airport from Columbia, the defendant's suitcase was seized by a United States Customs Inspector after a random search revealed that a hidden compartment in the suitcase contained four plastic bags of cocaine weighing over five pounds. The defendant denied knowledge of the drugs upon his arrest and at the trial.
The issue of the prosecutor's questioning of the defendant about his post-arrest silence was not preserved for appellate review since the defense counsel failed to object to the questioning (see, CPL 470.05; see also, People v. Ray, 155 A.D.2d 625, 626). In any event, we find that while the court erred in admitting testimony on the People's cross-examination of the defendant that although the defendant had generally denied any criminal involvement, he had failed to tell the arresting officers about the friend he allegedly purchased the suitcase from (see, People v. Santiago, 119 A.D.2d 775, 776), the error was harmless beyond a reasonable doubt in light of the overwhelming evidence of guilt (see, People v. Crimmins, 36 N.Y.2d 230, 237; see also, People v. Reisman, 29 N.Y.2d 278, 285, cert denied 405 U.S. 1041).
The defendant's remaining contentions are either unpreserved for appellate review (see, CPL 470.05) or without merit. Mangano, P.J., Balletta, Santucci and Hart, JJ., concur.