Opinion
February 19, 1991
Appeal from the County Court, Nassau County (Harrington, J.).
Ordered that the judgment is reversed, on the law, and a new trial is ordered. No questions of fact have been raised or considered.
In a hearing outside the presence of the jury, the complainant invoked his Fifth Amendment privilege (US Const 5th Amend) when questioned about criminal charges that were pending against him. The court found that the privilege was asserted on matters that were collateral to the charges against the defendant, and, over the defense counsel's objection, precluded cross-examination of the complainant on the pending criminal charges.
We find that this constitutes reversible error under the facts of this case. The invocation of the privilege against self-incrimination goes to the complainant's credibility (see, People v Chin, 67 N.Y.2d 22), and the defense counsel should have been permitted to question the complainant in front of the jury about the pending charges (see, People v Thomas, 130 A.D.2d 692; People v Baldwin, 130 A.D.2d 666; cf., People v Parsons, 112 A.D.2d 250).
In view of our decision, we need not reach the defendant's remaining contentions. Bracken, J.P., Kooper, Sullivan and O'Brien, JJ., concur.