Legal Opinion · Dissent

In re Cohen

Appellate Division of the Supreme Court of the State of New York

Decided December 31, 1959Published

1DissentKleinfeld, J.

Despite all disclaimers to the contrary, respondent is being disbarred for pleading his privilege against self incrimination. The Court of Appeals of this State is committed to the view that this cannot be done and in Matter of Grae (282 N. Y. 428, 434-435) stated: “ The privilege against self-incrimination is a constitutional guaranty of a fundamental personal right. Long regarded as a safeguard of civil liberty it was firmly imbedded in the law of England and by the Fifth Amendment to the Federal Constitution became a basic principle of American constitutional law. ‘ It is a barrier…

2Cases cited5 opinions

  1. People Ex Rel. Taylor v. . ForbesNew York Court of Appeals · 1894
  2. Matter of DoyleNew York Court of Appeals · 1931
  3. Matter of GraeNew York Court of Appeals · 1940
  4. Matter of KaffenburghNew York Court of Appeals · 1907
  5. Botta v. Tosti Construction Co.Appellate Division of the Supreme Court of the State of New York · 1938

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