Summary
In People v. Berson (308 N.Y. 918, 920) it was held that: "defendant was properly convicted of a criminal contempt of court, although it is possible, and even probable, that his refusal to answer was because of a mistaken belief that he had a right so to do and, although it is possible, and even probable, that a truthful answer to the question would have shown his innocence of the alleged misconduct which the Grand Jury was investigating."
Summary of this case from People v. FranzeseOpinion
Argued March 7, 1955
Decided April 21, 1955
Appeal from the Supreme Court, Appellate Division, Second Department, BODINE, J.
Saul Stephan Davis for appellant.
Edward S. Silver, District Attorney ( Aaron E. Koota and Jerome C. Ditore of counsel), for respondent.
Judgment affirmed. On this record defendant was properly convicted of a criminal contempt of court, although it is possible, and even probable, that his refusal to answer was because of a mistaken belief that he had a right so to do and, although it is possible, and even probable, that a truthful answer to the question would have shown his innocence of the alleged misconduct which the Grand Jury was investigating. No opinion.
Concur: CONWAY, Ch. J., DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE, JJ.