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PEOPLE v. IANNIELLO

27 A.D.2d 504 (1967)

The People of the State of New York, Appellant, v. Matthew Ianniello, Respondent

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

June 15, 1967.

Attorney(s) appearing for the Case

H. Richard Uviller of counsel (Frederick P. Havetz with him on the brief; Frank S. Hogan, District Attorney), for appellant.

William Sonenshine of counsel (Maurice Edelbaum and Evseroff, Newman & Sonenshine, attorneys), for respondent.

BOTEIN, P. J., EAGER and McGIVERN, JJ., concur in Per Curiam opinion; STEUER, J., dissents in opinion in which RABIN, J., concurs.

Per Curiam.

Defendant was called to testify before a Grand Jury investigating the alleged existence of a conspiracy to bribe public officers. Having given answers allegedly evasive, equivocal and false, he was indicted for criminal contempt, charged with contumacious and unlawful refusal to answer legal and proper interrogatories (Penal Law, § 600, subd. 6). The present appeal is by the People from an order which dismissed the indictment on the ground...

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