People v. Quinonez

(Court opinion corrected 9/14/11.) Defendant was convicted, after jury trial, of possession of cocaine. Court improperly cross-examined Defendant about his postarrest silence. Defendant's explanation of how drugs were in his jacket and denial that he dropped the bag were intrinsic to his defense. Thus, the improper use of Defendant's postarrest silence to impeach him undermined his credibility and was not harmless error. Evidence at trial was close and verdict depended on credibility of witnesses, who offered different versions of events. (HOWSE and EPSTEIN, concurring.)