PEOPLE v. MASIELLO


28 N.Y.2d 287 (1971)

The People of the State of New York, Respondent, v. John Masiello, Appellant.

Court of Appeals of the State of New York.

Decided April 21, 1971.


Attorney(s) appearing for the Case

Abraham H. Brodsky for appellant.

Burton B. Roberts, District Attorney (Daniel J. Sullivan and Seymour Rotker of counsel), for respondent.

Chief Judge FULD and Judges BERGAN, JASEN and GIBSON concur with Judge BREITEL; Judge BURKE dissents and votes to affirm in a separate opinion in which Judge SCILEPPI concurs.


BREITEL, J.

In a prosecution for criminal contempt as a crime, the issue is whether a purported grant of immunity was ineffectual to base a conviction for contempt for refusal to testify because the notice to the witness of the grant provided only for testimonial immunity and not for full transactional immunity.

Defendant, a witness in an organized crime investigation, was indicted on 91 counts of criminal...

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