People v. Cirillo

Mikoll, J. (dissenting). I respectfully dissent. There should be a reversal here. In my view, the error in the proceedings which resulted in defendant’s indictment for criminal contempt was of such character as to deprive defendant of his fundamental rights. As a matter of law and in the exercise of our discretion in the interests of justice, we should review the proceedings despite *957any waiver that may have accrued from defendant’s plea of guilty. Nowhere in the record does it appear that defendant was advised that he would be subject to contempt of court if he should refuse to answer any…