People v. McFarlan
| Citation | 42 N.Y.2d 896,397 N.Y.S.2d 1003,366 N.E.2d 1357 |
| Court | New York Court of Appeals |
| Decision Date | 16 June 1977 |
| Parties | , 366 N.E.2d 1357 The PEOPLE of the State of New York, Respondent, v. Marilyn McFARLAN, Appellant. |
Order reversed and the order of Supreme Court, New York County, granting defendant's motion to dismiss the indictment reinstated on the opinion by Judge Morris Aarons at Trial Term.
All concur except JASEN and COOKE, JJ., who dissent and vote to affirm on the Per Curiam opinion at the Appellate Division (52 A.D.2d 112, 383 N.Y.S.2d 4).
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People v. Chin
...N.E.2d 168; People v. Perri, 53 N.Y.2d 957, 441 N.Y.S.2d 444, 424 N.E.2d 278, affg. 72 A.D.2d 106, 423 N.Y.S.2d 674; People v. McFarlan, 42 N.Y.2d 896, 397 N.Y.S.2d 1003, revg. 52 A.D.2d 112, 383 N.Y.S.2d 4, on opn. at 89 Misc.2d 905, 396 N.Y.S.2d 559), and prosecutors are, therefore, under......
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Special Prosecutor (Onondaga County) v. G. W.
...or innocence, will automatically trigger transactional immunity. The suggestion is illogical. See, e. g., People v. McFarlan, 42 N.Y.2d 896, 397 N.Y.S.2d 1003, 366 N.E.2d 1357 (1977), rev'g 52 A.D.2d 112, 383 N.Y.S.2d 4 (1st Dept. 1976), on opinion below, 89 Misc.2d 905, 909, 396 N.Y.S.2d 5......
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People v. Lieberman
...to the crimes charged and immunity, therefore, did not obtain" (p. 114, 383 N.Y.S.2d p. 6). The Court of Appeals, 42 N.Y.2d 896, 397 N.Y.S.2d 1003, 366 N.E.2d 1357, reversed the Appellate Division on the opinion of the lower court. Thus, based on the McFarlan ruling, the test in New York pr......
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People v. Jorge
...simple question regarding a seemingly innocuous fact--i.e., the witness' occupation" (Id. at 260, citing, People v. McFarlan, 42 N.Y.2d 896, 397 N.Y.S.2d 1003, 366 N.E.2d 1357 [1977] ), and the prosecutor's burden to establish non-responsiveness is a high one (see, Brockway v. Monroe, 59 N.......
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