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PEOPLE v. SCHMIDT

63 Misc.2d 665 (1970)

The People of the State of New York, Respondent, v. Ronald A. Schmidt, Appellant.

Supreme Court, Appellate Term, Second Department.

June 16, 1970

Attorney(s) appearing for the Case

James J. McDonough and Matthew Muraskin for appellant. William Cahn, District Attorney (Raymond G. Lavallee of counsel), for respondent.

Concur — HOGAN, P. J., GLICKMAN and PITTONI, JJ.

Per Curiam.

It was improper for the People to call defendant as a witness against himself at the narcotic addiction hearing. The privilege against self incrimination can be claimed in any proceeding, whether criminal or civil, administrative or judicial, investigatory or adjudicatory (Matter of Gault, 387 U.S. 1, 47-48; People v. Martin, N. Y. L. J., Feb. 19, 1970, p...

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