People v. Ruggiano

OPINION OF THE COURT

Joseph J asp an, J.

The defendant is alleged to have contumaciously and unlawfully refused to appear before a Grand Jury to testify as a witness after being directed to do so by the court and after having been duly advised that he would have transactional immunity.

The indictment charging criminal contempt in the first degree (Penal Law, §215.51) is challenged by the defendant upon the ground that he can only be charged with a felony if he had first obeyed the direction of the court to appear before the Grand Jury and then refused to be sworn or testify. Defendant argues…