People v. Tyler

Memorandum. The order of the Appellate Division should be affirmed.

Defendant subpoenaed an admitted participant in the drugstore robbery on which the charges against defendant were based. The witness had pleaded guilty and might perhaps have given testimony which would have exonerated defendant. On examination out of the presence of the jury the witness asserted his privilege against self incrimination and refused to testify. The trial court, without objection from defense counsel, ruled that in such circumstance defendant could not call the witness to the stand. The trial court then denied…