PEOPLE v. SAPIA


41 N.Y.2d 160 (1976)

The People of the State of New York, Respondent, v. Joseph Sapia, Appellant.

Court of Appeals of the State of New York.

Decided December 28, 1976.


Attorney(s) appearing for the Case

Irving Anolik, New York City, for appellant.

Robert M. Morgenthau, District Attorney (David I. Pincus and Peter L. Zimroth of counsel), New York City, for respondent.

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


JONES, J.

With respect to the principal issue tendered on this appeal we hold that in the circumstances of this case the prosecution had no obligation, after identifying and producing an informer, to grant him immunity when, in the exercise of his privilege against self incrimination, the informer refused to give what, assumedly, would have been exculpatory testimony.

Earl Fodderell was one of several...

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