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PEOPLE v. AVITABLE

71 Misc.2d 261 (1972)

The People of the State of New York, Respondent, v. Louis Avitable, Also Known as "Louie the Gimp", Appellant.

Supreme Court, Appellate Term, First Department.

May 24, 1972

Attorney(s) appearing for the Case

Jay Goldberg for appellant. Frank S. Hogan, District Attorney (Lewis R. Friedman and T. James Bryan of counsel), for respondent.

QUINN, J. P., and MARKOWITZ, J., concur in Per Curiam decision; STREIT, J., concurs in memorandum.

Per Curiam.

Judgment of conviction affirmed.

STREIT, J. (concurring).

I concur in the affirmance of this conviction because it is clear that the Grand Jury, as a body, intended to confer full immunity on this defendant, he understood them to confer full immunity on him and, nevertheless, refused to answer material and relevant questions he was directed to answer by the Grand Jury foreman...

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