People v. Arnette

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified by reinstating the judgment of Supreme Court insofar as it convicted defendant of criminal contempt in the first degree on the first count of Indictment No. 1318/79 and the case remitted to the Appellate Division for a determination of the facts (see CPL 470.40, subd 2, par [b]).

In 1979 the Queens County Grand Jury was conducting an investigation of alleged misconduct by employees of the New York State Department of Correctional Services’ Centralized Services Facility. Defendant, the Superintendent of the…