Legal Opinion
People v. Arroyo
New York Court of Appeals
Decided February 22, 1979PublishedCited by 22 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
*930The trial court did not err in upholding the refusal of the witness called by the defense to testify based on the assertion of his constitutional privilege against self incrimination. There is nothing in this record to take this case out of the general rule that the witness is the judge of his right to invoke the privilege (People ex rel. Taylor v Forbes, 143 NY 219, 230-231; see, also, 65 NY Jur, Witnesses, § 43, p 196).
Nor did the refusal of the prosecutor to grant the witness immunity deny defendant due…
2Cases cited1 opinion
- People Ex Rel. Taylor v. . ForbesNew York Court of Appeals · 1894
3Cited by22 opinions
- People v. ShapiroNew York Court of Appeals · 1980
- People v. ThomasNew York Court of Appeals · 1980
- State v. Carey Resources, Inc.Appellate Division of the Supreme Court of the State of New York · 1983
- People v. RuizAppellate Division of the Supreme Court of the State of New York · 2004
- Flushing National Bank v. Transamerica InsuranceAppellate Division of the Supreme Court of the State of New York · 1987
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