Court of Appeals of New York

Order of the Appellate Division vacating defendant's conviction, upon a jury verdict, of attempted criminal possession of a weapon in the second degree, attempted criminal possession of a weapon in the third degree, obstructing governmental administration in the second degree, and resisting arrest, is affirmed, where: 1) defendant's statutory right to testify before a grand jury was violated; 2) even with the deletions made by defendant, he complied with the waiver of immunity as required under CPL 190.45, leaving intact the provisions that stated he waived his privilege against self-incrimination and any immunity to which he would be entitled; and 3) when a defendant meets the waiver of immunity requirements of CPL 190.45, he must be permitted to testify.

Appellate Information

• Decided 02/17/2015
• Published 02/17/2015

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• Court of Appeals of New York

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