York v. Commonwealth
Annotate this CaseAfter a jury trial, Thomas York was found guilty of burglary in the first degree, robbery in the first degree, and being a persistent felony offender in the second degree. The Supreme Court affirmed, holding (1) York's Fifth amendment right to remain silent was not violated where he was required to recite a neutral phrase before the jury so the victim could make an in-court identification of York's voice; and (2) the trial court did not abuse its discretion in denying York's motions for a mistrial where (i) certain testimony during the trial did not taint the jury or unduly prejudice York, and (ii) any prejudice resulting from misstatements made during the penalty phase were cured from the judge's admonitions.
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