MATTER OF LEVINE v. DE CESARE


34 A.D.2d 1043 (1970)

In the Matter of Howard A. Levine, as District Attorney of Schenectady County, Respondent, v. Sam De Cesare, Also Known as Smeraldo De Cesare, Appellant

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

June 29, 1970


SWEENEY, J.

In May of 1968, a Schenectady County Grand Jury commenced an investigation of charges of widespread gambling and corruption. Appellant was subpoenaed to appear and testify as a witness before the Grand Jury on July 24, 1968. He subsequently appeared before that body on five other occasions; he was never sworn as a witness. He either refused to be sworn in order to consult with his attorney, or he stated he would not testify in the presence...

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