PEOPLE v. TOWNSEND


128 A.D.2d 656 (1987)

The People of the State of New York, Respondent, v. Chester Townsend, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 9, 1987


Ordered that the judgment is affirmed.

A review of the record in this case does not demonstrate that the prosecutor was aware that witness Ronald John would invoke his Fifth Amendment privilege against self-incrimination in response to many of his questions when John took the stand after consulting with counsel. John's invocation of the privilege cannot be said to be a conscious and flagrant attempt to build the People's case from inferences arising therefrom, nor...

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