People v. Maggio

Defendant was convicted of 1st-degree murder of his brother, and sentenced to 65 years. Court did not abuse its discretion in refusing Defendant's request that jury be given involuntary manslaughter instruction. Court made improper comment on defendant’s 5th amendment right to remain silent during presentence investigation. Defendant had the right to remain silent during the presentence investigation, and invocation of the right cannot be used as aggravating factor at sentencing. Remanded for resentencing, as court weighed heavily on this improper factor in sentencing. (HOLDER WHITE and APPLETON, concurring.)