People v. Betts

*291OPINION OF THE COURT

Bellacosa, J.

The conviction for rape in the first degree, as affirmed by the Appellate Division, must be reversed and a new trial ordered because the trial court erred in its pretrial ruling that, if the defendant chose to testify in his own behalf at trial, he would be deemed to have waived his privilege against self-incrimination and be exposed to cross-examination, for credibility purposes, with respect to a pending unrelated criminal charge.

The applicable evidentiary rule is that a defendant is entitled to a pretrial ruling, based on the assertion of the privilege…