PEOPLE v. FISCHER


53 N.Y.2d 178 (1981)

The People of the State of New York, Respondent, v. Charles Fischer, Appellant.

Court of Appeals of the State of New York.

Decided June 11, 1981.


Attorney(s) appearing for the Case

Herald Price Fahringer for appellant.

Robert M. Morgenthau, District Attorney (Jerrold L. Neugarten and Robert M. Pitler of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI and WACHTLER concur; Judges FUCHSBERG and MEYER taking no part.


JONES, J.

To sustain a conviction of criminal contempt in the first degree for refusal to answer questions before a Grand Jury, on the premise of contemptuously evasive responses to material questions, it is not necessary for the prosecution to establish that the event, conversation or other fact referred to in the questions did in fact occur.

Defendant, a practicing attorney, was charged with six counts...

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