People v. Fischer

OPINION OF THE COURT

Jones, J.

To sustain a conviction of criminal contempt in the first degree for refusal to answer questions before a Grand Jury, on the premise of contemptuously evasive responses to material questions, it is not necessary for the prosecution to establish that the event, conversation or other fact referred to in the questions did in fact occur.

Defendant, a practicing attorney, was charged with six counts of criminal contempt in violation of section 215.51 of the Penal Law arising out of his appearance and testimony before a Grand Jury investigating suspected misconduct of…