Legal Opinion
People v. Perri
New York Supreme Court
Decided August 23, 1978PublishedCited by 3 opinions
1Opinion of the Court
*768OPINION OF THE COURT
Nat H. Hentel, J.
In this case of apparent ñrst impression, defendant moves to dismiss the indictment upon the ground that it charges felonies and misdemeanors for which he had received immunity from prosecution. Under compulsion of Grand Jury subpoena, defendant submitted handwriting exemplars which physical evidence was subsequently used by the People to obtain the indictment.
The People argue that handwriting exemplars have been classified as "demonstrative evidence” and, as such, are excluded from the self incrimination protection of the Fifth Amendment. See and compare…
2Cases cited20 opinions
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Gilbert v. CaliforniaSupreme Court of the United States · 1967
- Murphy v. Waterfront Commission of New York HarborSupreme Court of the United States · 1964
- United States v. DionisioSupreme Court of the United States · 1973
- Davis v. MississippiSupreme Court of the United States · 1969
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3Cited by3 opinions
- People v. PerriAppellate Division of the Supreme Court of the State of New York · 1980
- Carey v. KitsonAppellate Division of the Supreme Court of the State of New York · 1983
- In re SutzNew York Supreme Court · 1978