Legal Opinion
People v. Savage
New York Court of Appeals
Decided July 3, 1980PublishedCited by 127 opinions
1Opinion of the Court
OPINION OF THE COURT
Fuchsberg, J.
The question on this appeal is whether a defendant who, having been given the warnings required by Miranda v Arizona (384 US 436) and having elected to waive his right to silence, proceeds to narrate the essential facts of his involvement in the crime, may be cross-examined about his failure to inform the police at that time of exculpatory circumstances to which he later testifies at trial. We hold that, under the circumstances here, neither due process nor the privilge against self incrimination prohibits this manner of impeachment.
Defendant James Savage…
2Cases cited7 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Doyle v. OhioSupreme Court of the United States · 1976
- Jenkins v. AndersonSupreme Court of the United States · 1980
- Roberts v. United StatesSupreme Court of the United States · 1980
- People v. DawsonNew York Court of Appeals · 1980
2 more not listed; retrieve them via the Exa API.
3Cited by127 opinions
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- People v. ClarkeAppellate Division of the Supreme Court of the State of New York · 2013
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