People v. Gomez

OPINION OF THE COURT

Melvin D. Glass, J.

During the course of a major arson trial, a witness called by the prosecution was sworn but refused to testify. She had testified before the Grand Jury investigating the matter without having signed a waiver of immunity, thereby receiving transactional immunity by operation of law. Her refusal to testify was met by a direction of the Justice presiding at the trial to arrest her for criminal contempt in violation of section 215.50 of the Penal Law. This was accomplished by the prosecutor. Some five days later the witness was recalled to the stand and…