Jerry Langella v. Commissioner of Corrections, State of New York

J. JOSEPH SMITH, Circuit Judge:

Jerry Langella appeals the denial of his petition for a writ of habeas corpus by the United States District Court for the Southern District of New York, Charles L. Brieant, Jr., Judge. Langella argues that his conviction for criminal contempt for refusing to answer the questions of a New York grand jury violates 18 U.S.C. § 2515 and the fifth amendment. We affirm.

I

In 1972 Langella was subpoenaed to appear before a New York County grand jury investigating the death of Joseph Gallo in April, 1972. On December 19, 1972 Justice Jawn Sandifer, Supreme Court (New…