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MTR. OF SECOND GRAND JURY v. CIRILLO

12 N.Y.2d 206 (1963)

In the Matter of the Second Additional Grand Jury of the County of Kings, Empanelled for the September 1961 Term, Respondent, v. Aurelius Cirillo, Appellant.

Court of Appeals of the State of New York.

Decided January 23, 1963.

Attorney(s) appearing for the Case

David M. Markowitz for appellant.

Edward S. Silver, District Attorney (Aaron E. Koota of counsel), for respondent.

Judges DYE, FULD, BURKE, FOSTER and SCILEPPI concur with Chief Judge DESMOND; Judge VAN VOORHIS dissents in an opinion.

Chief Judge DESMOND.

The appeal is by our leave from an Appellate Division affirmance of a Kings County Court order in a civil proceeding adjudging appellant guilty of a criminal contempt in violation of subdivision 5 of section 750 of the Judiciary Law, the sentence being imprisonment for 30 days and a $250 fine.

In February, 1962 we handed down People ex rel. Cirillo v. Warden (

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