New York Court of Appeals
The People of the State of New York, Appellant v. Larry Smith, Also Known as Keith Gates, Also Known as Edwin Kevin…
February 8, 199687 N.Y.2d 715
Summary
The Court affirmed the dismissal of the grand larceny indictment, holding that a prospective defendant who testifies before a Grand Jury does not waive the Fifth Amendment privilege against self‑incrimination with respect to unrelated pending charges, and that the Grand Jury Judge erred in allowing such cross‑examination. Justice Simons dissented, arguing that the Betts rule should not apply to Grand Jury proceedings.