Majority
p. 822The People of the State of New York, Respondent, v Larry Betsch, Appellant. (Appeal No. 1.)
Judgment unanimously modified by vacating the conviction and sentence for one count of criminal contempt, first degree, and, as modified, affirmed. Memorandum: The People concede that appellant’s refusal to answer a series of questions posed to him, after a grant of immunity, before the Grand Jury related solely to one burglary. Thus, it constitutes but a single contempt (see People v Riela, 7 NY2d 571 ). (Appeal from judgment of Erie Supreme Court—criminal contempt, first degree.) Present—Marsh, P. J., Moule, Cardamone, Simons and Dillon, JJ.
Cases cited
- People v. Riela 7 NY2d 571 p. 822