People v. Weisman

OPINION OF THE COURT

Rena K. Uviller, J.

This motion to dismiss an indictment underscores the pitfalls of New York’s excessively broad immunity law. It demonstrates how a Grand Jury witness who is engaged in illegal activity can be inadvertently insulated from prosecution by seemingly innocuous questions posed to him by a prosecutor who had no reason to suspect the witness’ criminality. In this case, New York’s statutory scheme serves to abort the prosecution of a lawyer who has allegedly stolen more than $350,000 from his client and then forged documents to conceal the theft.

Defendant Steven…