| People v Thompson |
| 2015 NY Slip Op 01477 [125 AD3d 899] |
| February 18, 2015 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Clifford Thompson, Appellant. |
Lynn W.L. Fahey, New York, N.Y. (De Nice Powell of counsel), for appellant.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove andThomas M. Ross of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (JoelGoldberg, J.), rendered June 16, 2011, convicting him of murder in the second degreeand criminal possession of a weapon in the second degree, upon a jury verdict, andimposing sentence.
Ordered that the judgment is affirmed.
We reject the defendant's contention that he was deprived of a fair trial by theadmission of testimony regarding his participation in a prior robbery. During defensecounsel's cross-examination of a cooperating witness, he opened the door to a questionabout the defendant's involvement with that witness in that prior, otherwise unrelated,robbery (see People vWisdom, 120 AD3d 724, 726 [2014]; People v Barcero, 116 AD3d 1060, 1061 [2014]).Moreover, upon admitting the evidence, the trial court issued an appropriate instructionthat limited the potential for undue prejudice (see People v Sheehan, 105 AD3d 873, 875 [2013]).
Next, the defendant contends that the prosecutor improperly introduced evidence thathe invoked his right to remain silent. The defendant's contention is not preserved forappellate review and is, in any event, without merit. Contrary to the defendant'scontention, he did not invoke his right to remain silent, and the prosecutor did not allegethat he had (see People vBeecham, 74 AD3d 1216, 1217 [2010]; People v Sprague, 267 AD2d875, 879 [1999]; cf. People vSantiago, 118 AD3d 1163, 1166 [2014]).
The defendant's remaining contention is without merit. Rivera, J.P., Balkin, Duffyand LaSalle, JJ., concur.