PEOPLE v. EINHORN


45 A.D.2d 75 (1974)

The People of the State of New York, Respondent, v. Gerald Einhorn, Appellant

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

June 13, 1974.


Attorney(s) appearing for the Case

Stanley M. Meyer of counsel (Preminger, Meyer & Light, attorneys), for appellant.

Lewis R. Friedman of counsel (Robert A. Goldschlag with him on the brief; Richard H. Kuh, District Attorney), for respondent.

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


CAPOZZOLI, J.

The majority is in full accord with our distinguished colleague in his dissent, insofar as he concludes that a witness before the Grand Jury, who refuses to answer questions put to him, may not escape the consequences of his refusal merely because he relied upon the advice given to him by his attorney. We concede that this is out of the case.

We agree, too, that a witness is not entitled...

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