PEOPLE v. EVANS


58 N.Y.2d 14 (1982)

The People of the State of New York, Appellant, v. Donald Evans, Respondent.

Court of Appeals of the State of New York.

Decided December 14, 1982.


Attorney(s) appearing for the Case

Denis Dillon, District Attorney (Bruce E. Whitney, Anthony J. Girese and Martin I. Saperstein of counsel), for appellant.

Michael J. Obus and Matthew Muraskin for respondent.

Judges GABRIELLI, JONES, FUCHSBERG and MEYER concur with Judge JASEN; Judge WACHTLER concurs in a separate opinion in which Chief Judge COOKE concurs.


JASEN, J.

We are asked to decide whether a defendant, who, with the advice and in the presence of counsel, prior to entering into a plea bargain initiated by him, voluntarily furnishes the District Attorney a preplea incriminating statement and, subsequent to the plea and conviction, voluntarily testifies against a codefendant at his trials, is entitled to preclude the People from using any of these statements...

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