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PEOPLE EX REL. VALENTI v. McCLOSKEY

6 N.Y.2d 390 (1959)

The People of the State of New York ex rel. Frank J. Valenti, on the Petition of Gilbert S. Rosenthal, Respondent, v. John J. McCloskey, as Sheriff of the City of New York, et al., Appellants. The People of the State of New York ex rel. Costenze P. Valenti, on the Petition of Gilbert S. Rosenthal, Appellant, v. John J. McCloskey, as Sheriff of the City of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided July 8, 1959.

Attorney(s) appearing for the Case

Eliot H. Lumbard, Nathan Skolnik, Arnold M. Weiss, Alfred Donati, Jr., and Joseph Fisch for Commission of Investigation, appellant in the first above-entitled proceeding and respondent in the second above-entitled proceeding.

Gilbert S. Rosenthal and Aaron J. Jaffe for Frank J. Valenti, respondent in the first above-entitled proceeding, and Costenze P. Valenti, appellant in the second above-entitled proceeding.

Chief Judge CONWAY and Judge DYE concur with Judge BURKE; Judge DESMOND concurs for affirmance in a separate opinion.

FROESSEL, J.

The real question presented on this appeal is whether a witness before the State Commission of Investigation, who answers questions enumerated in a warrant of commitment procured by the commission, may be incarcerated indefinitely until he consents to give a character of testimony which in the opinion of the commission and the courts is not perjured.

Relators, along with others, were subp...

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