Legal Opinion

Holtzman v. Hellenbrand

Appellate Division of the Supreme Court of the State of New York

Decided March 24, 1983PublishedCited by 125 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

In this original proceeding pursuant to CPLR article 78, the petitioner District Attorney of Kings County seeks a writ of mandamus directing the respondent Justice to (1) conduct a hearing in the case of People v Sirois (Indictment No. 4686/80) to determine whether the defendant Neil Sirois by his misconduct induced Adele Sirois, a People’s witness, to unlawfully refuse to testify at said trial despite a grant of immunity, and upon a determination of misconduct on the part of the defendant, to allow the People to introduce the Grand Jury testimony of Adele Sirois as direct…

3Cases cited20 opinions

  1. United States v. WadeSupreme Court of the United States · 1967
  2. United States v. MatlockSupreme Court of the United States · 1974
  3. Illinois v. AllenSupreme Court of the United States · 1970
  4. Snyder v. MassachusettsSupreme Court of the United States · 1934
  5. Lego v. TwomeySupreme Court of the United States · 1972

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4Cited by125 opinions

  1. People v. GeraciNew York Court of Appeals · 1995
  2. Gonzalez v. StateCourt of Criminal Appeals of Texas · 2006
  3. Darius Morgan v. Floyd Bennett, Superintendent, Elmira Correctional FacilityCourt of Appeals for the Second Circuit · 2000
  4. People v. CottoNew York Court of Appeals · 1998
  5. Commonwealth v. EdwardsMassachusetts Supreme Judicial Court · 2005

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