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PEOPLE v. DE FEO

284 A.D. 622 (1954)

The People of the State of New York, Respondent, v. John De Feo, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

July 1, 1954.

Attorney(s) appearing for the Case

Harris B. Steinberg of counsel (Jesse Climenko, Martin I. Shelton and Richard A. Green with him on the brief; Direnzo & Martoccia, attorneys), for appellant.

Leonard Reisman of counsel (Richard G. Denzer and Jack M. Cotton with him on the brief; Frank S. Hogan, District Attorney), for respondent.

BERGAN, J., concurs with BREITEL, J.; PECK, P. J., concurs in concurring opinion; COHN, J., dissents in opinion, in which DORE, J., concurs.

BREITEL, J.

De Feo, a witness before a Grand Jury, appeals from a determination holding him guilty of contempt (Judiciary Law, § 750, subd. A, par. 5), for having given evasive answers, tantamount to a refusal to answer, to legal and proper interrogatories (Matter of Finkel v. McCook, 247 App. Div. 57, affd. 271 N.Y. 636).

Of the contentions advanced on the appeal, two are substantial. The...

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