Opinion
April 3, 1989
Appeal from the Supreme Court, Kings County (Feldman, J.).
Ordered that the judgments are affirmed.
The defendant contends that his right to remain silent was abrogated during the trial under indictment No. 2216/86 when the prosecutor asked him why he did not tell a police officer that the complainant had slapped him. As no objection was raised to this question at trial, the issue was not preserved for appellate review (see, CPL 470.05). In any event, the defendant's contention is without merit. Ordinarily a defendant's pretrial silence cannot be used for impeachment purposes (see, People v Conyers, 52 N.Y.2d 454, 459). However, when a defendant speaks to police and omits exculpatory material that he presents for the first time at trial, he may be impeached with that omission (see, People v. Savage, 50 N.Y.2d 673, 679, cert denied 449 U.S. 1016; see also, People v. Myrie, 137 A.D.2d 563, 564; People v. Goss, 136 A.D.2d 653, 654).
We have considered the defendant's remaining contentions and find them to be without merit. Mangano, J.P., Lawrence, Eiber and Spatt, JJ., concur.