Opinion
Argued October 18, 1971
Decided November 17, 1971
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, DAVID ROSS, J.
Arnold E. Wallach and Joseph Panzer for appellant.
Burton B. Roberts, District Attorney ( Albert A. Capellini and Daniel J. Sullivan of counsel), for respondent.
Order affirmed; no opinion.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN and GIBSON. Judges BREITEL and JASEN concur in the following memorandum: The defendant as a witness was misinformed as to the immunity to which he would be entitled if his testimony were to be compelled ( People v. Masiello, 28 N.Y.2d 287). However, the information he received was indistinguishable from that given in People v. Mulligan ( 29 N.Y.2d 20), on constraint of which we concur and vote to affirm.