The People of the State of New York, Respondent v. Anthony v. Pavone, Appellant

Summary

The Court affirmed the Appellate Division, holding that the People’s use of Pavone’s post‑arrest silence to impeach his credibility violated his New York constitutional right to remain silent, but that the error was harmless because the evidence against his extreme emotional disturbance (EED) defense was overwhelming. The Court also rejected Pavone’s claim of ineffective assistance of counsel. Justice Stein concurred in result, arguing the silence issue was unpreserved, while Justice Pigott dissented, contending the violation required a new trial.