PEOPLE v. DELLACROCE


38 A.D.2d 210 (1972)

The People of the State of New York, Appellant, v. Aniello Dellacroce, Respondent

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

February 7, 1972.


Attorney(s) appearing for the Case

Eugene Gold, District Attorney (Arthur Friedman of counsel), for appellant.

Irving Anolik for respondent.

MUNDER, Acting P. J., MARTUSCELLO, LATHAM and BRENNAN, JJ., concur.


SHAPIRO, J.

The defendant was charged in an indictment with the crime of criminal contempt (Penal Law, § 215.50, subd. 4). The Criminal Term granted his motion to dismiss the indictment, on the authority of People v. Masiello (28 N.Y.2d 287), and the People appeal.

The correctness of that determination depends upon whether the defendant, who refused to testify...

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