People v. Rivera

Appellate Division of the Supreme Court of New York

People v. Rivera

99 A.D.2d 664, 472 N.Y.S.2d 68, 1984 N.Y. App. Div. LEXIS 16927

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 27, 1984

StatusPublished

This text of 99 A.D.2d 664 (People v. Rivera) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Rivera, 99 A.D.2d 664, 472 N.Y.S.2d 68, 1984 N.Y. App. Div. LEXIS 16927 (N.Y. Ct. App. 1984).

Pincite

Opinion

Judgment unanimously affirmed. Memorandum: The only argument on appeal is that the court improperly permitted cross-examination of defendant with respect to facts underlying a pending charge in violation of her Fifth Amendment rights. Defendant did not assert those rights until after she had given the only incriminating answer elicited in the questioning complained of; thus, she has failed to preserve the alleged error for our review. (Appeal from judgment of Monroe County Court, Barr, J. — criminal sale of controlled substance, fifth degree.) Present — Dillon, P. J., Hancock, Jr., Green, O’Donnell and Schnepp, JJ.

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Judgment unanimously affirmed. Memorandum: The only argument on appeal is that the court improperly permitted cross-examination of defendant with respect to facts underlying a pending charge in violation of her Fifth Amendment rights. Defendant did not assert those rights until after she had given the only incriminating answer elicited in the questioning complained of; thus, she has failed to preserve the alleged error for our review. (Appeal from judgment of Monroe County Court, Barr, J. — criminal sale of controlled substance, fifth degree.) Present — Dillon, P. J., Hancock, Jr., Green, O’Donnell and Schnepp, JJ.

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Bluebook (online)

99 A.D.2d 664, 472 N.Y.S.2d 68, 1984 N.Y. App. Div. LEXIS 16927, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rivera-nyappdiv-1984.