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PEOPLE v. RAPPAPORT

47 N.Y.2d 308 (1979)

The People of the State of New York, Respondent, v. Stanley Robert Rappaport, Appellant.

Court of Appeals of the State of New York.

Decided June 7, 1979.

Attorney(s) appearing for the Case

Irving Anolik for appellant.

Robert M. Morgenthau, District Attorney (David Rapaport and Robert M. Pitler of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES and FUCHSBERG concur with Judge WACHTLER.

WACHTLER, J.

The defendant has moved to dismiss an indictment charging him with criminal contempt in the first degree (Penal Law, § 215.51) for allegedly giving evasive answers while testifying before a Grand Jury under a grant of immunity. The Supreme Court, New York County, granted the motion but the Appellate Division, First Department, reversed and reinstated the indictment. The defendant appeals.

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