People v. Higley

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, the judgment of conviction vacated and the indictment dismissed.

Defendant — a member of the Ulster County Legislature and President of Onteora Enterprises, Inc., a wholesale meat vendor — was the target of an investigation by the Ulster County Grand Jury concerning contracts between the county and M&D Provisions Distributing Company (M&D). M&D, a sole proprietorship owned by defendant’s sister, operated out of Onteora’s plant. At his own request, defendant, accompanied by his attorney, appeared to testify…