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PEOPLE v. CAVALIERI

36 A.D.2d 284 (1971)

The People of the State of New York, Respondent, v. Samuel Cavalieri, Appellant

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

April 15, 1971.

Attorney(s) appearing for the Case

Arnold E. Wallach of counsel (Joseph Panzer, attorney), for appellant.

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

MARKEWICH, KUPFERMAN and STEUER, JJ., concur with STEVENS, P. J.; CAPOZZOLI, J., dissents in an opinion.

STEVENS, P. J.

Even though immunity was conferred by the Grand Jury and the meaning thereof explained in simple language, there was a continuing, considered and contumacious refusal by defendant to answer questions which we find to be clearly relevant to the stated purpose of the inquiry. The defendant was informed that no testimony, truthfully given, could be used against him and, further, any lead obtained...

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