People v. Didio

Order reversed, motion denied and indictment reinstated. Memorandum: The People appeal from an order dismissing an indictment which charged the defendant with criminal contempt in the first degree (Penal Law, § 215.51). The defendant was subpoenaed to appear as a witness before a Grand Jury which was investigating illegal gambling activities. He was represented by counsel who was present outside the Grand Jury room during his testimony. The record shows that he was advised that he could consult with his attorney at any time during the interrogation; that he had been granted full immunity from…