PEOPLE v. CANTAVE

No. 129.

21 N.Y.3d 374 (2013)

993 N.E.2d 1257

971 N.Y.S.2d 237

2013 NY Slip Op 4723

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEAN CANTAVE, Appellant.

Court of Appeals of New York.

Decided June 25, 2013.


Attorney(s) appearing for the Case

Lynn W.L. Fahey , Appellate Advocates, New York City ( De Nice Powell of counsel), for appellant.

Richard A. Brown , District Attorney, Kew Gardens ( William H. Branigan , Robert J. Masters and John M. Castellano of counsel), for respondent.

Judges GRAFFEO, READ, SMITH, PIGOTT, RIVERA and ABDUS-SALAAM concur.


OPINION OF THE COURT

Chief Judge LIPPMAN.

The primary issue presented by this appeal is whether the court violated defendant's Fifth Amendment privilege against self-incrimination when it granted the People's request to cross-examine him about the underlying facts of a rape conviction that was then on direct appeal. For the reasons discussed below, we hold that a defendant with a conviction pending appeal...

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