People v. Armentero

I dissent.

I agree that a defendant’s testimony from a prior trial may generally be admitted at a subsequent trial for the same offense on the theory that once defendant has voluntarily waived his or her privilege against self-incrimination that waiver cannot be revoked in future proceedings in the same case. Harrison v United States, 392 US 219, 222; 88 S Ct 2008; 20 L Ed 2d 1047 (1968). The exception to this rule, as announced in Harrison, occurs where a defendant’s testimony at the earlier proceeding was prompted or impelled by illegal evidence. Id. In determining whether testimony from a…