(DOWNLOAD) "People State New York v. Marilyn Mcfarlan" by Court of Appeals of New York # eBook PDF Kindle ePub Free
eBook details
- Title: People State New York v. Marilyn Mcfarlan
- Author : Court of Appeals of New York
- Release Date : January 16, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
[42 N.Y.2d 896 Page 896] Appeal, by permission of the Chief Judge of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered May 11, 1976, which (1) reversed, on the law, an order of the Supreme Court (Morris Aarons, J.; opn 89 Misc. 2d 905), entered in New York County, granting a motion by defendant to dismiss the indictment, and (2) reinstated the indictment. The indictment was returned on October 28, 1974, and charged defendant with criminal sale and criminal possession of a controlled substance, arising out of an alleged sale by her of a quantity of heroin to an undercover police officer on June 4, 1974. In mid-December, 1974 she was subpoenaed to testify before a different Grand Jury investigating homicides which had taken place between December 4 and 6, 1974, and was informed by the Assistant District Attorney that inquiry would be limited to events on those dates, and that she would have full immunity from any criminal prosecution dealing with matters occurring on those dates. During the course of her questioning, and after she was asked her occupation and answered that she did not work, she was asked how she was supported, answered that she sold drugs in the past, and was then asked how she was supported during November and December, 1974, and answered Well, when I got busted was June the 4th. Trial Term found that, having been granted immunity, she was under a direction to answer the above questions; that she did not volunteer her answers to them; that her answers were responsive, and that they not only concerned or pertained to or tended to show, prove or incriminate her for the sale and possession of drugs on June 4, 1974, but substantially concerned the transaction for which she was indicted and practically constituted a confession to the commission [42 N.Y.2d 896 Page 897]