New York Court of Appeals
The People of the State of New York v. Thomas Conyers
January 8, 198049 N.Y.2d 174
Summary
The Court affirmed the Appellate Division’s order granting a new trial, holding that the prosecution’s use of Thomas Conyers’s silence at the time of his arrest to impeach his trial testimony violates due process and the privilege against self‑incrimination. The majority reasoned that such use is impermissible even when the defendant was not given Miranda warnings, because the constitutional promise against self‑incrimination applies to all arrests.