Legal Opinion
People v. Vargas
New York Court of Appeals
Decided June 13, 1995PublishedCited by 17 opinions
1Opinion of the Court
OPINION OF THE COURT
Ciparick, J.
When the People question a witness knowing the witness will respond by invoking the Fifth Amendment, and then compound the prejudice to defendant by expressing in closing argument that the witness’s claim of the testimonial privilege was evidence of defendant’s guilt, defendant is deprived of a fair trial. Therefore, we hold that reversible error was committed in this case and defendant is entitled to a new trial.
On April 9, 1987, Lourdes Caban was murdered in her car while it was parked on Avenue Z and West 15th Street in Brooklyn. School books found in the…
2Cases cited8 opinions
- Douglas v. AlabamaSupreme Court of the United States · 1965
- Namet v. United StatesSupreme Court of the United States · 1963
- People v. BergNew York Court of Appeals · 1983
- People v. BrosnanNew York Court of Appeals · 1973
- People v. PollockNew York Court of Appeals · 1967
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- People v. SiegelNew York Court of Appeals · 1995
- The People v. Oliver BerryNew York Court of Appeals · 2016
- People v. DavisAppellate Division of the Supreme Court of the State of New York · 2021
- People v. JacAppellate Division of the Supreme Court of the State of New York · 1996
- People v. McCallAppellate Division of the Supreme Court of the State of New York · 2011
12 more not listed; retrieve them via the Exa API.