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PEOPLE v. SLAVIN

1 N.Y.3d 392 (2004)

807 N.E.2d 259

775 N.Y.S.2d 210

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTOPHER SLAVIN, Appellant.

Court of Appeals of the State of New York.

Decided February 17, 2004.

Attorney(s) appearing for the Case

Robert J. Del Col, Huntington, David Besso and Stephen Preziosi for appellant.

Thomas J. Spota, District Attorney, Riverhead (Michael Blakey of counsel), for respondent.

Judges G.B. SMITH, ROSENBLATT and GRAFFEO concur with Judge READ; Judge CIPARICK dissents in part and votes to modify in a separate opinion in which Chief Judge KAYE concurs; Judge R.S. SMITH taking no part.

OPINION OF THE COURT

READ, J.

We are called upon to decide whether the trial court violated defendant's Fifth Amendment privilege against self-incrimination by allowing the People to introduce photographs of upper body tattoos, taken over defendant's objection, as evidence of motive for committing a hate crime. We conclude that defendant was not "compelled . . . to be a witness against himself" (US Const 5th Amend) within the meaning of the privilege. The...

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