PEOPLE v. ROSENTHAL


207 A.D.2d 364 (1994)

616 N.Y.S.2d 199

The People of the State of New York, Respondent, v. Mark Rosenthal, Appellant

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

August 1, 1994


Ordered that the judgment is affirmed, and the matter is remitted to the County Court, Westchester County, for further proceedings pursuant to CPL 460.50 (5).

We find that the trial court properly exercised its discretion in precluding the defendant from calling the codefendant Paul Danko as a witness solely for the purpose of causing Danko to invoke his privilege against self-incrimination (see generally, People v Thomas, 51 N.Y.2d...

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