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PEOPLE v. CAVALIERI

29 N.Y.2d 762 (1971)

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

Court of Appeals of the State of New York.

Decided November 17, 1971.

Attorney(s) appearing for the Case

Arnold E. Wallach and Joseph Panzer for appellant.

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

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN and GIBSON. Concur: Judges BREITEL and JASEN.

Order affirmed; no opinion.

Judges BREITEL and JASEN concur in the following memorandum: The defendant as a witness was misinformed as to the immunity to which he would be entitled if his testimony were to be compelled (People v. Masiello, 28 N.Y.2d 287). However, the information he received was indistinguishable from that given in People v. Mulligan (29 N.Y.2d 20), on constraint...

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