PEOPLE v. BAGBY


65 N.Y.2d 410 (1985)

The People of the State of New York, Appellant, v. Vernon Bagby, Respondent.

Court of Appeals of the State of New York.

Decided July 2, 1985.


Attorney(s) appearing for the Case

Carl A. Vergari, District Attorney (Lois Ann Cullen and Anthony Joseph Servino of counsel), for appellant.

Howard Rukeyser for respondent.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS and KAYE concur; Judge TITONE taking no part.


ALEXANDER, J.

The issue on this appeal is whether a nonparty witness who testifies for the prosecution and is fully cross-examined without invoking her 5th Amendment privilege thereby waives the right to invoke that privilege, in the face of a threat of a perjury prosecution, when recalled as a defense witness and asked the same questions she had previously answered...

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