People v. Mulligan

Chief Judge Fuld.

The defendant Hugh Mulligan was indicted for the crime of criminal contempt (Penal Law, § 215.51) following his refusal to answer questions, during the course of an investigation by a grand jury, after being advised that the jury had voted to confer immunity upon him. The courts below dismissed the indictment on the ground that he had been granted testimonial, rather than transactional, immunity.

The law on the subject, clear in principle, was most recently articulated in People v. Masiello (28 N Y 2d 287). Declaring that " Fundamental fairness [not only] required * * * that…