Order reversed, motion denied and indictment reinstated.
Memorandum:
The People appeal from an order dismissing an indictment which charged the defendant with criminal contempt in the first degree (Penal Law, § 215.51). The defendant was subpoenaed to appear as a witness before a Grand Jury which was investigating illegal gambling activities. He was represented by counsel who was present outside the Grand Jury room during his testimony. The record shows...
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