PEOPLE v. TYLER


40 N.Y.2d 1065 (1976)

The People of the State of New York, Respondent, v. David Tyler, Appellant.

Court of Appeals of the State of New York.

Decided December 28, 1976.


Attorney(s) appearing for the Case

Stanley Neustadter and William E. Hellerstein for appellant.

Mario Merola, District Attorney (Michael B. Himmel, Daniel J. Sullivan and Barbara Gonzo of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant subpoenaed an admitted participant in the drugstore robbery on which the charges against defendant were based. The witness had pleaded guilty and might perhaps have given testimony which would have exonerated defendant. On examination out of the presence of the jury the witness asserted his privilege against self incrimination and refused...

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