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PEOPLE v. CHAPMAN

69 N.Y.2d 497 (1987)

The People of the State of New York, Respondent, v. Edward Chapman, Doing Business as Middleman Home Improvement Products Co., Appellant.

Court of Appeals of the State of New York.

Decided April 28, 1987.

Attorney(s) appearing for the Case

Kent V. Moston and Matthew Muraskin for appellant.

Denis Dillon, District Attorney (Lawrence J. Schwarz and Anthony J. Girese of counsel), for respondent.

Chief Judge WACHTLER and Judges KAYE, ALEXANDER and BELLACOSA concur with Judge TITONE; Judge SIMONS dissents and votes to affirm in a separate opinion in which Judge HANCOCK, JR., concurs.

TITONE, J.

A waiver of immunity obtained in violation of a Grand Jury witness' State constitutional right to counsel (NY Const, art I, § 6) is not an effective waiver within the meaning of CPL 190.40 (2) (a). Accordingly, where a Grand Jury witness testifies under such a constitutionally defective waiver, the witness, whether voluntary or compelled, receives the...

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