People v. Dinkins

OPINION OF THE COURT

Bloom, J.

The factual background of this case is fully set forth in the opinion of my brother Fein. I agree that the cross-examination of defendant on his failure to register a complaint against Kurt, particularly in light of the emphasis given to the matter by the question put by the court, deprived defendant of his Fifth Amendment rights. It was, therefore, error so egregious as to mandate reversal. The cross-examination of his brother on the same subject, although improper, was error to a lesser degree and could have been cured by appropriate instruction (see concurring…