OPINION OF THE COURT Simons, J. Defendant has been convicted of assault in the first degree (Penal Law § 120.10) and criminal use of a firearm in the second degree (Penal Law § 265.08) as the result of the barroom shooting of Gary Campbell. During the trial, the jury heard evidence of defendant’s silence shortly before his arrest, particularly his failure to respond to general inquiries made in his presence…
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