PEOPLE v. SOBOTKER


61 N.Y.2d 44 (1984)

The People of the State of New York, Appellant, v. Robert Sobotker, Respondent.

Court of Appeals of the State of New York.

Decided January 12, 1984.


Attorney(s) appearing for the Case

Denis Dillon, District Attorney (Samuel E. Rieff and Anthony J. Girese of counsel), for appellant.

Michael M. Premisler for respondent.

Chief Judge COOKE and Judges JASEN, JONES, MEYER, SIMONS and KAYE concur.


WACHTLER, J.

The question on this appeal is whether a defendant who pleads guilty to an offense and then gives Grand Jury testimony concerning it prior to being sentenced can claim statutory immunity (CPL 190.40) for the offense to which he has pleaded guilty. The trial court held that the defendant did not acquire immunity under the circumstances, but the Appellate Term reversed and dismissed the charge. The...

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