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PEOPLE v. McGRATH

86 Misc.2d 249 (1976)

The People of the State of New York, Plaintiff, v. Edward McGrath, Defendant.

Supreme Court, Trial Term, New York County.

February 26, 1976

Attorney(s) appearing for the Case

Lipsitz, Green, Fahringer, Roll, Schuller & James (Herald Price Fahringer of counsel), for defendant. Robert M. Morgenthau, District Attorney (Austin Campriello of counsel), for plaintiff.

BURTON B. ROBERTS, J.

This motion raises the novel question of whether a Grand Jury witness who has been indicted for criminal contempt (Penal Law, § 215.51) based upon the allegation of "conspicuously unbelievable, evasive, equivocal and patently false answers" (see People ex rel. Valenti v McCloskey, 6 N.Y.2d 390, 398, app dsmd 361 U.S. 534

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