People v. Rocco

Appeal by the defendant from a judgment of the County Court, Nassau County (Harrington, *627J.), rendered January 4, 1989, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered. No questions of fact have been raised or considered.

In a hearing outside the presence of the jury, the complainant invoked his Fifth Amendment privilege (US Const 5th Amend) when questioned about criminal charges that were pending against him. The court found that the privilege was asserted on matters that…