People v. Joy

OPINION OF THE COURT

Donald J. Mark, J.

The defendant was charged with the crime of criminal contempt, first degree, in violation of Penal Law § 215.51 for refusing to answer questions asked of him before a Grand Jury. The Grand Jury was investigating the crimes of robbery, assault and larceny allegedly committed by a named individual, and the defendant based his refusal upon his fear that he faced death or serious physical injury if he testified. The defendant thus invoked the defense of justification as provided for in Penal Law § 35.05 (2). At the trial the transcript of the Grand Jury…