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PEOPLE v. DINKINS

69 A.D.2d 384 (1979)

The People of the State of New York, Respondent, v. Richard Dinkins, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

July 12, 1979

Attorney(s) appearing for the Case

Edward S. Kornreich of counsel (William E. Hellerstein, attorney), for appellant.

Carlos E. Mendez-Penate of counsel (Mark Dwyer with him on the brief; Robert M. Morgenthau, District Attorney), for respondent.

FEIN and LANE, JJ., concur in part and dissent in part in an opinion by FEIN, J.; BIRNS, J. P., and SILVERMAN, J., dissent in an opinion by SILVERMAN, J.

BLOOM, J.

The factual background of this case is fully set forth in the opinion of my brother FEIN. I agree that the cross-examination of defendant on his failure to register a complaint against Kurt, particularly in light of the emphasis given to the matter by the question put by the court, deprived defendant of his Fifth Amendment rights. It was, therefore, error so egregious as to mandate reversal. The cross...

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