Second Additional Grand Jury v. Cirillo

Appellate Division of the Supreme Court of New York

Second Additional Grand Jury v. Cirillo

19 A.D.2d 555, 241 N.Y.S.2d 8, 1963 N.Y. App. Div. LEXIS 3688

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

DecidedMay 27, 1963

StatusPublished

This text of 19 A.D.2d 555 (Second Additional Grand Jury v. Cirillo) 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

Second Additional Grand Jury v. Cirillo, 19 A.D.2d 555, 241 N.Y.S.2d 8, 1963 N.Y. App. Div. LEXIS 3688 (N.Y. Ct. App. 1963).

Pincite

Opinion

In a proceeding by a Grand Jury under article 19 of the Judiciary Law (§ 750 et seq.) to adjudge a witness in criminal contempt of court, the witness appeals: (a) from an order of the Supreme Court, Kings County, dated March 18, 1963, which granted the petitioner’s application to punish him for criminal contempt of court; and (b) from an order of said court, dated March 26, 1963, which adjudged him to be in criminal contempt of court and sentenced him to serve a term of 30 days in prison and to pay a fine of $250. Orders affirmed, without costs. The appellant’s conduct in persisting in his “ don’t remember ” answers before the Grand Jury justified, under the circumstances herein, the finding of a willful refusal to testify (People ex rel. Cirillo v. Warden, 11 N Y 2d 51; Matter of Second Additional Grand Jury v. Cirillo, 12 N Y 2d 206). On this record, it may not be said that the appellant has been denied due process. Beldock, P. J., Ughetta, Brennan, Hill and Hopkins, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In a proceeding by a Grand Jury under article 19 of the Judiciary Law (§ 750 et seq.) to adjudge a witness in criminal contempt of court, the witness appeals: (a) from an order of the Supreme Court, Kings County, dated March 18, 1963, which granted the petitioner’s application to punish him for criminal contempt of court; and (b) from an order of said court, dated March 26, 1963, which adjudged him to be in criminal contempt of court and sentenced him to serve a term of 30 days in prison and to pay a fine of $250. Orders affirmed, without costs. The appellant’s conduct in persisting in his “ don’t remember ” answers before the Grand Jury justified, under the circumstances herein, the finding of a willful refusal to testify (People ex rel. Cirillo v. Warden, 11 N Y 2d 51; Matter of Second Additional Grand Jury v. Cirillo, 12 N Y 2d 206). On this record, it may not be said that the appellant has been denied due process. Beldock, P. J., Ughetta, Brennan, Hill and Hopkins, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

19 A.D.2d 555, 241 N.Y.S.2d 8, 1963 N.Y. App. Div. LEXIS 3688, Counsel Stack Legal Research, https://law.counselstack.com/opinion/second-additional-grand-jury-v-cirillo-nyappdiv-1963.