Legal Opinion
People v. Cantave
New York Court of Appeals
Decided June 25, 2013PublishedCited by 63 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Lippman.
The primary issue presented by this appeal is whether the court violated defendant’s Fifth Amendment privilege against self-incrimination when it granted the People’s request to cross-examine him about the underlying facts of a rape conviction that was then on direct appeal. For the reasons discussed below, we hold that a defendant with a conviction pending appeal may not be cross-examined in another matter about the underlying facts of that conviction until direct appeal has been exhausted.
Defendant was charged with second-degree and third-degree…
2Cases cited19 opinions
- Hoffman v. United StatesSupreme Court of the United States · 1951
- Lefkowitz v. TurleySupreme Court of the United States · 1973
- Brown v. United StatesSupreme Court of the United States · 1958
- Mitchell v. United StatesSupreme Court of the United States · 1999
- People v. EdwardsNew York Court of Appeals · 1979
14 more not listed; retrieve them via the Exa API.
3Cited by63 opinions
- People v. BaileyNew York Court of Appeals · 2018
- The People v. Thomas JacksonNew York Court of Appeals · 2017
- People v. MulliganAppellate Division of the Supreme Court of the State of New York · 2014
- People v. Garcia-ToroAppellate Division of the Supreme Court of the State of New York · 2017
- People v. LeachAppellate Division of the Supreme Court of the State of New York · 2016
58 more not listed; retrieve them via the Exa API.