PEOPLE v. BETTS


70 N.Y.2d 289 (1987)

The People of the State of New York, Respondent, v. Raphael Betts, Appellant.

Court of Appeals of the State of New York.

Decided October 15, 1987.


Attorney(s) appearing for the Case

Lawrence K. Marks and Philip L. Weinstein for appellant.

Robert Morgenthau, District Attorney (Joyce P. Adolfsen and Mark Dwyer of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.


BELLACOSA, J.

The conviction for rape in the first degree, as affirmed by the Appellate Division, must be reversed and a new trial ordered because the trial court erred in its pretrial ruling that, if the defendant chose to testify in his own behalf at trial, he would be deemed to have waived his privilege against self-incrimination and be exposed to cross-examination, for credibility purposes, with respect to...

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