Legal Opinion
People v. Chapman
New York Court of Appeals
Decided April 28, 1987PublishedCited by 26 opinions
1Opinion of the Court
OPINION OF THE COURT
Titone, J.
A waiver of immunity obtained in violation of a Grand Jury witness’ State constitutional right to counsel (NY Const, art I, § 6) is not an effective waiver within the meaning of CPL *499190.40 (2) (a). Accordingly, where a Grand Jury witness testifies under such a constitutionally defective waiver, the witness, whether voluntary or compelled, receives the automatic transactional immunity conferred by that statute and cannot thereafter be prosecuted for any matter on which responsive testimony has been given (CPL 50.10 [1]; see, Matter of Rush v Mordue, 68 NY2d…
2Cases cited11 opinions
- Rush v. MordueNew York Court of Appeals · 1986
- People v. HobsonNew York Court of Appeals · 1976
- People v. SettlesNew York Court of Appeals · 1978
- People v. SamuelsNew York Court of Appeals · 1980
- People v. SawyerNew York Court of Appeals · 1982
6 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- People v. LittebrantAppellate Division of the Supreme Court of the State of New York · 2008
- People v. HigleyNew York Court of Appeals · 1987
- People v. GrahamAppellate Division of the Supreme Court of the State of New York · 2016
- People v. KaetzelAppellate Division of the Supreme Court of the State of New York · 2014
- People v. KnoxsahAppellate Division of the Supreme Court of the State of New York · 2012
21 more not listed; retrieve them via the Exa API.