PEOPLE v. HAVRISH


8 N.Y.3d 389 (2007)

866 N.E.2d 1009

834 N.Y.S.2d 681

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM P. HAVRISH, Appellant.

Court of Appeals of the State of New York.

Decided April 3, 2007.


Attorney(s) appearing for the Case

Jacobs & Jacobs, Stamford (Patrick J. Cannon of counsel), for appellant.

James Sacket, District Attorney, Schoharie (Thomas F. Garner of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, READ, SMITH and PIGOTT concur; Judge JONES taking no part.


OPINION OF THE COURT

GRAFFEO, J.

In complying with an order of protection that directed him to turn over his firearms to police, defendant produced an unlicensed handgun and was subsequently charged with criminal possession of a weapon in the fourth degree. The issue before us is whether defendant's surrender of the handgun was privileged under the Fifth Amendment. We conclude that it was and therefore reverse...

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