[DOWNLOAD] "People State New York v. Matthew Ianniello" by Court of Appeals of New York " Book PDF Kindle ePub Free
eBook details
- Title: People State New York v. Matthew Ianniello
- Author : Court of Appeals of New York
- Release Date : January 21, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
The People appeal from the dismissal of an indictment for criminal contempt under subdivision 6 of section 600 of the former Penal Law. The indictment in separate counts charged four violations of the statute, based upon defendant's allegedly evasive, equivocal, and false responses to questions asked of him in two appearances before the New York County Grand Jury on June 11 and June 18, 1964. The Supreme Court, New York County, dismissed the indictment on the ground that defendant, while testifying as a witness before the Grand Jury, was denied the right to counsel when he was refused permission to leave the Grand Jury room to discuss the propriety of a question with his lawyer. The Appellate Division, by a divided court, affirmed without reaching the counsel issue on the ground that defendant was immune from prosecution for contempt since he was a ""target"" of the inquiry. Two Justices, in dissent, disputed defendant's status as a target, and also concluded that under the circumstances in which defendant sought ""advice,"" the refusal to permit defendant to consult with his lawyer did not amount to an improper interference with the right to counsel.
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