Legal Opinion

People v. McKenna

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

Decided December 30, 1998PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Mercure, J.

This appeal presents á question that tests the limit of New York’s law of transactional immunity: whether a defendant’s testimony, which is not incriminatory and which, if it were to be presented at trial, would be presented in defense of the charge, can cloak defendant with immunity by virtue of the fortuity that defendant gave the details of the expected defense as testimony before a Grand Jury.

Defendants are police officers employed by the City of Albany. In the early morning hours of October 31, 1997 defendants were off duty and were patronizing the…

2Cases cited11 opinions

  1. People v. AlvinoNew York Court of Appeals · 1987
  2. People v. ChinNew York Court of Appeals · 1986
  3. Matter of DoyleNew York Court of Appeals · 1931
  4. People v. MeesNew York Court of Appeals · 1979
  5. People v. ChaseNew York Court of Appeals · 1995

6 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Clear Channel Communications, Inc. v. RosenAppellate Division of the Supreme Court of the State of New York · 1999
  2. People v. O'NealAppellate Division of the Supreme Court of the State of New York · 2017
  3. People v. HendersonAppellate Division of the Supreme Court of the State of New York · 1999
  4. People v. HegelAppellate Division of the Supreme Court of the State of New York · 1999
  5. People v. HegelAppellate Division of the Supreme Court of the State of New York · 1999

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API