Legal Opinion
People v. Gumbs
New York Supreme Court
Decided June 14, 1984PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Herman Cahn, J.
The court is here presented with an extremely troubling situation which has great possible repercussions for the criminal justice system. The problem involves the refusal of a witness to be sworn or give testimony, upon the claim that he fears that harm will come to him or his family as a result.
The facts are as follows: On May 2, 1984, in Part 48, following the swearing of the jury and calling of witnesses in the within action, the People called their chief witness Rafel Coste. He began to enter the courtroom but recoiled upon seeing defendant in the…
2Cases cited9 opinions
- Santobello v. New YorkSupreme Court of the United States · 1971
- Harris v. United StatesSupreme Court of the United States · 1965
- Piemonte v. United StatesSupreme Court of the United States · 1961
- People Ex Rel. Barnes v. . Court of SessionsNew York Court of Appeals · 1895
- People v. CarterNew York Supreme Court · 1973
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Kuriansky v. AzamNew York Supreme Court · 1991
- People v. JoyNew York Supreme Court · 1986
- In re Waterfront CommissionAppellate Division of the Supreme Court of the State of New York · 1997