Opinion
May 27, 1963
In a proceeding by a Grand Jury under article 19 of the Judiciary Law (§ 750 et seq.) to adjudge a witness in criminal contempt of court, the witness appeals: (a) from an order of the Supreme Court, Kings County, dated March 18, 1963, which granted the petitioner's application to punish him for criminal contempt of court; and (b) from an order of said court, dated March 26, 1963, which adjudged him to be in criminal contempt of court and sentenced him to serve a term of 30 days in prison and to pay a fine of $250. Orders affirmed, without costs. The appellant's conduct in persisting in his "don't remember" answers before the Grand Jury justified, under the circumstances herein, the finding of a willful refusal to testify ( People ex rel. Cirillo v. Warden, 11 N.Y.2d 51; Matter of Second Additional Grand Jury v. Cirillo, 12 N.Y.2d 206). On this record, it may not be said that the appellant has been denied due process. Beldock, P.J., Ughetta, Brennan, Hill and Hopkins, JJ., concur.