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

Summary

The New York Court of Appeals affirmed the Appellate Division’s judgment, holding that the People’s use of the defendant’s post‑arrest silence violated the New York State Constitution but was harmless error, and that the defendant did not receive ineffective assistance of counsel. The Court found the evidence of guilt overwhelming and therefore affirmed the convictions. Justice Pigott dissented, arguing the violation required reversal, while Justice Stein concurred in part, agreeing counsel was effective but contending the silence issue was not preserved.