Legal Opinion

People v. Smith

New York Court of Appeals

Decided February 8, 1996PublishedCited by 61 opinions

1Opinion of the Court

OPINION OF THE COURT

Chief Judge Kaye.

In People v Betts (70 NY2d 289), this Court held that a defendant who elects to waive the Fifth Amendment privilege against self-incrimination and testify at trial does not automatically waive the constitutional protection with respect to cross-examination regarding unrelated pending criminal charges. We must now determine whether this principle applies, to a prospective defendant’s testimony before the Grand Jury, so as to preclude cross-examination of him, solely for impeachment purposes, regarding an unrelated pending charge. Under the narrow…

2Cases cited9 opinions

  1. Minnesota v. MurphySupreme Court of the United States · 1984
  2. People v. SorgeNew York Court of Appeals · 1950
  3. People v. BennettNew York Court of Appeals · 1992
  4. People v. BettsNew York Court of Appeals · 1987
  5. People v. EvansNew York Court of Appeals · 1992

4 more not listed; retrieve them via the Exa API.

3Cited by61 opinions

  1. The People v. Marcus D. HoganNew York Court of Appeals · 2016
  2. People v. CantaveNew York Court of Appeals · 2013
  3. People v. TrombleyAppellate Division of the Supreme Court of the State of New York · 2012
  4. People v. LanierAppellate Division of the Supreme Court of the State of New York · 2015
  5. People v. LasherAppellate Division of the Supreme Court of the State of New York · 2010

56 more not listed; retrieve them via the Exa API.

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