6 New York opinions name it 3 courts 1973–2005 0 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
In Re GAULTgreen1 sentence2005The issue of whether the Fifth Amendment privilege against self-incrimination applied to juvenile proceedings was fully discussed by Justice Fortas in In re Gault ( 387 US 1, 47-48 [1967]) in which Justice Fortas observed: “It would indeed be surprising if the privilege against self-incrimination were available to hardened criminals but not to children. | 1 | 1 |
In re Jane HH.green2 sentences2005The only case which addressed this issue appears to be Matter of Mary Jane HH. ( 120 AD2d 906 [1986]), which held that a grant of immunity pursuant to section 190.40 of the Criminal Procedure Law did not immunize the respondent from being subject to a PINS adjudication upon the theory that “[ijmmunity such as that conferred by CPL 190.40 extends only to evidentiary use in criminal proceedings (see, CPL 50.10; Bellacosa, Practice Commentary, McKinney’s Cons Laws of NY, Book 11 A, CPL 50.10, p 307).” ( 120 AD2d 906, 907 [1986].) This analysis, however, misconceives both the nature of transaction 2005The only case which addressed this issue appears to be Matter of Mary Jane HH. ( 120 AD2d 906 [1986]), which held that a grant of immunity pursuant to section 190.40 of the Criminal Procedure Law did not immunize the respondent from being subject to a PINS adjudication upon the theory that “[ijmmunity such as that conferred by CPL 190.40 extends only to evidentiary use in criminal proceedings (see, CPL 50.10; Bellacosa, Practice Commentary, McKinney’s Cons Laws of NY, Book 11 A, CPL 50.10, p 307).” ( 120 AD2d 906, 907 [1986].) This analysis, however, misconceives both the nature of transaction | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Murphy v. Waterfront Commission of New York Harbor
red
2 sentences1980(Murphy v Waterfront Comm., 378 US 52 , decided with Malloy v Hogan, supra), resolved this inter jurisdictional dilemma. 1973This notion was recently reexamined and rejected in Kastigar v. United States ( 406 U. S. 441 , supra), just as it formerly did not survive Murphy v. Waterfront Comm. ( 378 U. S. 52 ). | 2 | 1973–1980 |
People v. Shapiro
green
1 sentence1989We reject the defendant’s contention that he was denied a fair trial by reason of the prosecutor’s failure to confer immunity from perjury upon the defendant’s brother who testified at trial as a hostile prosecution witness under a grant of transactional immunity (cf., People v Shapiro, 50 NY2d 747 ). | 1 | 1989–1989 |
Brockway v. Monroe
green
1 sentence1987Defendant’s reliance on Matter of Brockway v Monroe (supra) for his contention that strict adherence to statutory procedures is not essential to a grant of transactional immunity is misplaced as applied to the facts of this case. | 1 | 1987–1987 |
People v. Stievater
neutral
1 sentence1986The case of People v Stievater ( 77 Misc 2d 761 , mod 41 AD2d 435 , mod 34 NY2d 793 [1974]), which reached a different result, is not controlling here. | 1 | 1986–1986 |
People v. Stievater
neutral
1 sentence1986The case of People v Stievater ( 77 Misc 2d 761 , mod 41 AD2d 435 , mod 34 NY2d 793 [1974]), which reached a different result, is not controlling here. | 1 | 1986–1986 |
People v. Phillips
green
1 sentence1986(People v Phillips, 97 Misc 2d 665 [1979].) At no time has her testimony been compelled pursuant to a grant of transactional immunity. | 1 | 1986–1986 |
People v. Stievater
neutral
1 sentence1986The case of People v Stievater ( 77 Misc 2d 761 , mod 41 AD2d 435 , mod 34 NY2d 793 [1974]), which reached a different result, is not controlling here. | 1 | 1986–1986 |
Heike v. United States
green
1 sentence1980However, subsequent cases never directly answered the question whether anything less than transactional immunity could be sufficient (see, e.g., Smith v United States, 337 US 137 ; Shapiro v United States, 335 US 1 ; United States v Murdock, 284 US 141 ; Heike v United States, 227 US 131 ). | 1 | 1980–1980 |
United States v. Murdock
green
1 sentence1980However, subsequent cases never directly answered the question whether anything less than transactional immunity could be sufficient (see, e.g., Smith v United States, 337 US 137 ; Shapiro v United States, 335 US 1 ; United States v Murdock, 284 US 141 ; Heike v United States, 227 US 131 ). | 1 | 1980–1980 |
Smith v. United States
green
1 sentence1980However, subsequent cases never directly answered the question whether anything less than transactional immunity could be sufficient (see, e.g., Smith v United States, 337 US 137 ; Shapiro v United States, 335 US 1 ; United States v Murdock, 284 US 141 ; Heike v United States, 227 US 131 ). | 1 | 1980–1980 |
Shapiro v. United States
green
1 sentence1980However, subsequent cases never directly answered the question whether anything less than transactional immunity could be sufficient (see, e.g., Smith v United States, 337 US 137 ; Shapiro v United States, 335 US 1 ; United States v Murdock, 284 US 141 ; Heike v United States, 227 US 131 ). | 1 | 1980–1980 |
Malloy v. Hogan
green
1 sentence1980(Murphy v Waterfront Comm., 378 US 52 , decided with Malloy v Hogan, supra), resolved this inter jurisdictional dilemma. | 1 | 1980–1980 |
Kastigar v. United States
green
1 sentence1973This notion was recently reexamined and rejected in Kastigar v. United States ( 406 U. S. 441 , supra), just as it formerly did not survive Murphy v. Waterfront Comm. ( 378 U. S. 52 ). | 1 | 1973–1973 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.