PEOPLE v. LINICK


79 A.D.2d 925 (1981)

The People of the State of New York, Appellant, v. Andrew S. Linick, Respondent

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

January 8, 1981


Unanimously reversed, on the law, and the stricken counts reinstated.

Study of the transcript of the examination of defendant by the Attorney-General pursuant to the subpoena discloses that transactional immunity did not become operative herein. First, there was no offer of transactional immunity. Second, the defendant did not respond to the questioning under duress, but simply refused to answer certain questions, invoking his Fifth Amendment right. While defendant...

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