PEOPLE v. THOMAS


68 A.D.2d 450 (1979)

The People of the State of New York, Respondent, v. Marcellus Thomas, Appellant

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

June 11, 1979


Attorney(s) appearing for the Case

David B. Perlmutter for appellant.

John J. Santucci, District Attorney (John Larsen of counsel), for respondent.

RABIN, GULOTTA and COHALAN, JJ., concur.


TITONE, J. P.

The issue to which this opinion is addressed is whether, under the circumstances, the trial court erred in refusing (1) to permit the defense to call as its witness an individual named Whitlock who stated, in camera, that he would invoke his Fifth Amendment privilege against self incrimination if called for the purpose of giving testimony tending to exculpate the defendant, or in the alternative...

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