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PEOPLE v. ROBERTSON

24 A.D.3d 184 (2005)

806 N.Y.S.2d 194

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAMON ROBERTSON, Appellant.

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

December 8, 2005.

The court properly exercised its discretion in permitting the prosecutor to call a witness who had indicated that she would assert a meritless Fifth Amendment privilege and unjustifiably refuse to testify, and the prosecutor's good faith, persistent but unsuccessful attempts to obtain answers did not deprive defendant of a fair trial. It was reasonable for the prosecutor to believe that the witness might abandon her refusal to testify...

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