PEOPLE v. PALMERI


58 Misc.2d 288 (1968)

The People of the State of New York, Plaintiff, v. Ernest P. Palmeri, Thomas J. Palermo, and Milagros J. Berrios, Defendants.

County Court, Oneida County.

November 21, 1968


Attorney(s) appearing for the Case

Louis T. Brindisi for Thomas J. Palermo, defendant. Arthur A. Darrigrand, District Attorney (Richard D. Enders of counsel), for plaintiff.


JOHN J. WALSH, J.

This motion by the defendant Palermo to enjoin the District Attorney from cross-examining him as to his prior criminal record if defendant testifies in his own behalf on the pending trial is a novel one.

The general rule in this State is that a defendant who takes the witness stand and testifies in his own behalf in a criminal trial, waives the privilege against self incrimination and may be interrogated, like any ordinary witness...

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