| People v Prashad |
| 2007 NY Slip Op 10183 [46 AD3d 844] |
| December 18, 2007 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Samuel Prashad, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, JeanetteLifschitz, and Kristina Sapaskis of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Roman,J.), rendered December 14, 2005, convicting him of assault in the second degree and criminalpossession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, he was not denied a fair trial when the court permittedthe prosecutor to question him regarding his failure to provide police officers with certainexculpatory information at the time of arrest. Generally, a defendant's postarrest silence cannot beused for impeachment purposes (see People v Conyers, 52 NY2d 454, 459 [1981]).However, where, as here, a defendant speaks to the police and omits exculpatory informationwhich he presents for the first time at trial, the defendant may be impeached with the omission(see People v Savage, 50 NY2d 673, 676, 679 [1980], cert denied 449 US 1016[1980]; People v Blacks, 221 AD2d 351 [1995]; People v Spinelli, 214 AD2d135, 139-141 [1995]; People v West, 212 AD2d 651, 652 [1995]; People v Harrison,149 AD2d 434, 434-435 [1989]).
The defendant's remaining contention is unpreserved for appellate review and, in any event,is without merit. Miller, J.P., Crane, Dillon and Balkin, JJ., concur.