People v. Capio

Appellate Division of the Supreme Court of New York

People v. Capio

39 A.D.2d 555, 332 N.Y.S.2d 382, 1972 N.Y. App. Div. LEXIS 5719

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 10, 1972

StatusPublished

This text of 39 A.D.2d 555 (People v. Capio) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Capio, 39 A.D.2d 555, 332 N.Y.S.2d 382, 1972 N.Y. App. Div. LEXIS 5719 (N.Y. Ct. App. 1972).

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Opinion

Appeal by the People from an order of the Supreme Court, Kings County, entered November 15, 1971, which granted defendant’s oral motion to dismiss the indictment. Order reversed, on the law and the facts, motion denied and indictment reinstated. In our opinion, the immunity granted was as broad as the constitutional privilege against self-incrimination and defendant was given proper and adequate notice as to the scope of the immunity granted (People v. Mulligan, 29 N Y 2d 20; People v. Dellacroce, 38 A D 2d 210). Munder, Acting P. J., Latham, Shapiro, Gulotta and Brennan, JJ., concur.

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Appeal by the People from an order of the Supreme Court, Kings County, entered November 15, 1971, which granted defendant’s oral motion to dismiss the indictment. Order reversed, on the law and the facts, motion denied and indictment reinstated. In our opinion, the immunity granted was as broad as the constitutional privilege against self-incrimination and defendant was given proper and adequate notice as to the scope of the immunity granted (People v. Mulligan, 29 N Y 2d 20; People v. Dellacroce, 38 A D 2d 210). Munder, Acting P. J., Latham, Shapiro, Gulotta and Brennan, JJ., concur.

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Bluebook (online)

39 A.D.2d 555, 332 N.Y.S.2d 382, 1972 N.Y. App. Div. LEXIS 5719, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-capio-nyappdiv-1972.