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PEOPLE v. MULLIGAN

29 N.Y.2d 20 (1971)

The People of the State of New York, Appellant, v. Hugh Mulligan, Respondent.

Court of Appeals of the State of New York.

Decided July 7, 1971.

Attorney(s) appearing for the Case

Frank S. Hogan, District Attorney (Lewis R. Friedman and Michael R. Juviler of counsel), for appellant.

Herald Price Fahringer, Philip B. Abramowitz and Lawrence A. Schulz for respondent.

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

Chief Judge FULD.

The defendant Hugh Mulligan was indicted for the crime of criminal contempt (Penal Law, § 215.51) following his refusal to answer questions, during the course of an investigation by a grand jury, after being advised that the jury had voted to confer immunity upon him. The courts below dismissed the indictment on the ground that he had been granted testimonial, rather than transactional,...

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