PEOPLE v. JACKSON


94 Misc.2d 33 (1978)

The People of the State of New York, Plaintiff, v. Willie Jackson, Defendant.

Criminal Court of the City of New York, New York County.

April 18, 1978


Attorney(s) appearing for the Case

Martin Erdmann and Leslie B. Greer for defendant. Robert M. Morgenthau, District Attorney (Deborah Schmall of counsel), for plaintiff.


ROSE McBRIEN, J.

The defendant moves for a mistrial or, in the alternative, to strike the testimony of two prosecution witnesses who invoked their Fifth Amendment privilege and refused to answer certain questions put to them on cross-examination. The assertion is that these individuals' right to remain silent must give way to the defendant's Sixth Amendment right to be confronted with the witnesses against him.

Where the testimony of a People...

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