Gaines

Upon his arrest with another on suspicion of having committed armed robbery, defendant Gaines remained silent. The record does not indicate whether he had at the time been admonished according to the requirement of Miranda (Miranda v. Arizona (1966) *92 384 U.S. 436 [ 16 L.Ed.2d 694 , 86 S.Ct. 1602 , 10 A.L.R.3d 974 ]). (We, as do the parties, assume that he had not been.)

At his trial, testifying on his own behalf, Gaines claimed that the complaining witness had instead robbed him at gunpoint, and that the incriminating circumstances of his (Gaines’) flight were the product of his fear of the purported victim. On cross-examination the trial court, over objection, permitted the prosecutor’s repeated and detailed questions, whether Gaines had told the arresting officers that he himself had been a robbery victim, or of the reasons for his flight.

I.

Upon appeal from his conviction of the charged robbery Gaines first cites the trial court’s ruling as prejudicial error, and the subject cross-examination as prejudicial prosecutorial misconduct. His principal reliance is upon Doyle v. Ohio (1976) 426 U.S. 610 [ 49 L.Ed.2d 91 , 96 S.Ct. 2240 ], and People v. Andrews (1970) 14…