MATTER OF ALTIERI v. HOLDEN


231 A.D.2d 369 (1997)

663 N.Y.S.2d 602

In the Matter of Rebecca Altieri, Respondent, v. John F. Holden, Jr., Respondent, and Jeanine Pirro, Appellant

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

September 22, 1997


Attorney(s) appearing for the Case

Jeanine Pirro, District Attorney of Westchester County, White Plains (Richard E. Weill of counsel), appellant pro se.

Slotnick, Shapiro & Crocker, L. L. P., New York City (Barry I. Slotnick, J. Lawrence Crocker, Elliot J. Blumenthal and Joshua Rabinowitz of counsel), for respondent.

O'BRIEN, J. P., ALTMAN and McGINITY, JJ., concur.


SULLIVAN, J.

On this appeal from a judgment prohibiting the prosecution of the petitioner for perjury in the third degree, we take the opportunity to discuss the question of whether one who is compelled to testify before a Grand Jury, and who thus receives immunity in connection therewith, may nevertheless be prosecuted for giving testimony in the proceeding which is alleged to be false based on the prior conduct...

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