Legal Opinion

Altieri v. Holden

Appellate Division of the Supreme Court of the State of New York

Decided September 22, 1997PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Sullivan, J.

On this appeal from a judgment prohibiting the prosecution of the petitioner for perjury in the third degree, we take the opportunity to discuss the question of whether one who is compelled to testify before a Grand Jury, and who thus receives immunity in connection therewith, may nevertheless be prosecuted for giving testimony in the proceeding which is alleged to be false based on the prior conduct and/or statements of the witness.

I

It is undisputed that during the summer of 1995, a panel of the Westchester County Grand Jury was investigating whether an…

2Cases cited14 opinions

  1. Rush v. MordueNew York Court of Appeals · 1986
  2. Holtzman v. GoldmanNew York Court of Appeals · 1988
  3. MATTER OF STATE OF NY v. KingNew York Court of Appeals · 1975
  4. La Rocca v. LaneNew York Court of Appeals · 1975
  5. Schumer v. HoltzmanNew York Court of Appeals · 1983

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3Cited by3 opinions

  1. Rosato v. ReedAppellate Division of the Supreme Court of the State of New York · 2004
  2. Crosby v. CrossettNew York Supreme Court · 2011
  3. Gaul v. New York State Department of Environmental ConservationNew York Supreme Court · 2009

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