PEOPLE v. CARDINALE


35 A.D.2d 1073 (1970)

The People of the State of New York, Respondent, v. Salvatore Cardinale, Appellant

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

December 10, 1970


Judgment unanimously reversed on the law and facts and new trial granted.

Memorandum:

Defendant has been convicted of two counts of criminal contempt (Penal Law, § 215.50, subd. 4) for refusing to answer relevant questions before (1) a Grand Jury after that body had granted him immunity and (2) thereafter in Erie County Court. A new trial is mandated because of prejudicial errors. The prosecutor in his opening statement told the trial jury that the Grand...

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