PEOPLE v. FRANZESE


16 A.D.2d 804 (1962)

The People of the State of New York, Respondent, v. Carmine Franzese, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 14, 1962


Judgment reversed on the law and new trial ordered.

We have considered the facts; we affirm the findings of fact implicit in the jury's verdict; and we would affirm the conviction if we did not reverse on the law. The indictment charged that when the defendant appeared before the Grand Jury as a witness, he refused to answer a certain question on the ground that his answer might tend to incriminate him, and he persisted in such refusal notwithstanding the direction...

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