People v. Smith
New York Court of Appeals
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
- Minnesota v. MurphySupreme Court of the United States · 1984
- People v. SorgeNew York Court of Appeals · 1950
- People v. BennettNew York Court of Appeals · 1992
- People v. BettsNew York Court of Appeals · 1987
- People v. EvansNew York Court of Appeals · 1992
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3Cited by61 opinions
- The People v. Marcus D. HoganNew York Court of Appeals · 2016
- People v. CantaveNew York Court of Appeals · 2013
- People v. TrombleyAppellate Division of the Supreme Court of the State of New York · 2012
- People v. LanierAppellate Division of the Supreme Court of the State of New York · 2015
- People v. LasherAppellate Division of the Supreme Court of the State of New York · 2010
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