Opinion
November 13, 1961
Appeal by defendant from a judgment of the Court of Special Sessions of the City of New York, Borough of Brooklyn, rendered December 30, 1959, after trial, convicting him of petit larceny, and sentencing him to serve a term of six months in the workhouse. Judgment affirmed. With respect to a charge against one Beamer, under investigation by the Grand Jury, we are unable to determine on the record presented whether the People violated defendant's constitutional rights by compelling him to testify before the Grand Jury that Beamer had committed a crime involving acts which were related to the charge of petit larceny then pending against defendant; and whether, as a consequence thereof, defendant was entitled to immunity from prosecution for the crime of which he was convicted. This record does not disclose, as defendant asserts in his brief, that he was so compelled to testify, or if so, the nature of the testimony thus given. Nolan, P.J., Beldock, Ughetta, Christ and Pette, JJ., concur.