Appellate Division of the Supreme Court of New York, 1971

People v. Galluccio

People v. Galluccio
Appellate Division of the Supreme Court of New York · Decided June 8, 1971
37 A.D.2d 525; 322 N.Y.S.2d 975; 1971 N.Y. App. Div. LEXIS 3895
People v. Galluccio

Opinion of the Court

Judgment Supreme Court, Bronx County, rendered October 5,. 1970 after non jury trial, convicting defendant-appellant of criminal contempt (Penal Law, § 215.50), unanimously reversed, on the law, and the indictment dismissed. The advice conveyed to the defendant, as a witness, by the prosecutor before the Grand Jury as to the scope of the immunity offered to him by that body was, at the least, confusing and possibly misleading (Code Grim. Pro., § 619-e; People v. Masiello, 28 N Y 2d 287). Concur — MeGivern, J. P., Markewich, Kupferman, Steuer and Macken, JJ.

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