PEOPLE v. THOMAS


51 N.Y.2d 466 (1980)

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

Court of Appeals of the State of New York.

Decided December 18, 1980.


Attorney(s) appearing for the Case

David B. Perlmutter for appellant.

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

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER concur.


GABRIELLI, J.

In this case, we are called upon to consider whether and under what circumstances a criminal defendant is entitled to have the jury informed that one or more of his witnesses was rendered unavailable to testify as a result of the witness' own decision to invoke his constitutional privilege against self incrimination. Although we conclude that no such explanatory instruction was required under the...

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