People v. Moschelle

OPINION OF THE COURT

Eugene R. Canudo, J.

The defendant, charged with the class E felony of criminal contempt in the first degree, moves under CPL 210.30 to dismiss the indictment on the ground that the Grand Jury evidence was not legally sufficient to support the charges.

His motion raises the question, for which no precedent was found, as to whether Grand Jury immunity protects a witness from the risk of being found in violation of a previously imposed probation. It questions, also, whether such a witness acts contumaciously, unlawfully and in contempt of a Grand Jury when, frustrated in his…