Cole v. Serra

OPINION OF THE COURT

Memorandum.

The judgment of the Appellate Division should be affirmed, without costs.

Following petitioner’s testimony as a witness before a 1980 Grand Jury investigating an alleged arson, that Grand Jury was instructed with respect to possible charges of criminal contempt and perjury against him. In consequence, the Grand Jury directed the District Attorney to indict petitioner for criminal contempt but not for perjury. The District Attorney subsequently determined, however, that the evidence would not support a criminal contempt charge and asked that that charge be…