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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