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People v. Cavalieri

29 N.Y.2d 762 Court N.Y. Decision date 1971-11-17 English

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p. 762
The People of the State of New York, Respondent, v. Samuel Cavalieri, Appellant.
Argued October 18, 1971;
decided November 17, 1971.
p. 763
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, Bergak and Gibsok. Judges Breitel and Jasek 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.

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