UNITED STATES v. McCLOSKEY

No. 453, Docket 29595.

345 F.2d 305 (1965)

UNITED STATES of America ex rel. James T. STEVENS, Petitioner-Appellant, v. John J. McCLOSKEY, as Sheriff of the City of New York, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided May 11, 1965.


Attorney(s) appearing for the Case

Gerard E. Molony, of Molony & Schofield, New City, N. Y., for petitioner-appellant.

Michael R. Stack, Asst. Dist. Atty., New York County (Frank S. Hogan, Dist. Atty., H. Richard Uviller, Asst. Dist. Atty., New York County, on the brief), for respondent-appellee.

Before LUMBARD, Chief Judge, and SWAN and KAUFMAN, Circuit Judges.


KAUFMAN, Circuit Judge:

The principal issue on this appeal is whether a municipal employee could properly refuse to testify before a state grand jury by merely asserting that he did not voluntarily waive the immunity from prosecution conferred by state law. Although the validity of the waiver executed by the petitioner, James T. Stevens, has yet to be determined, he has thrice been adjudged in criminal contempt for refusing, despite directions from two New York State...

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