PEOPLE v. VARGAS


86 N.Y.2d 215 (1995)

654 N.E.2d 1221

630 N.Y.S.2d 973

The People of the State of New York, Respondent, v. Manny Vargas, Appellant.

Court of Appeals of the State of New York.

Decided June 13, 1995.


Attorney(s) appearing for the Case

Whiteman Osterman & Hanna, Albany (Philip H. Dixon and Alexandra J. Streznewski of counsel), for appellant.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Danna Robbins, Roseann B. MacKechnie and Jane S. Meyers of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA and SMITH concur; Judge LEVINE taking no part.


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...

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