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People v. Berson

Court of Appeals of the State of New York
Apr 21, 1955
127 N.E.2d 79 (N.Y. 1955)

Summary

In People v. Berson (308 N.Y. 918, 920) it was held that: "defendant was properly convicted of a criminal contempt of court, although it is possible, and even probable, that his refusal to answer was because of a mistaken belief that he had a right so to do and, although it is possible, and even probable, that a truthful answer to the question would have shown his innocence of the alleged misconduct which the Grand Jury was investigating."

Summary of this case from People v. Franzese

Opinion

Argued March 7, 1955

Decided April 21, 1955

Appeal from the Supreme Court, Appellate Division, Second Department, BODINE, J.

Saul Stephan Davis for appellant.

Edward S. Silver, District Attorney ( Aaron E. Koota and Jerome C. Ditore of counsel), for respondent.



Judgment affirmed. On this record defendant was properly convicted of a criminal contempt of court, although it is possible, and even probable, that his refusal to answer was because of a mistaken belief that he had a right so to do and, although it is possible, and even probable, that a truthful answer to the question would have shown his innocence of the alleged misconduct which the Grand Jury was investigating. No opinion.

Concur: CONWAY, Ch. J., DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE, JJ.


Summaries of

People v. Berson

Court of Appeals of the State of New York
Apr 21, 1955
127 N.E.2d 79 (N.Y. 1955)

In People v. Berson (308 N.Y. 918, 920) it was held that: "defendant was properly convicted of a criminal contempt of court, although it is possible, and even probable, that his refusal to answer was because of a mistaken belief that he had a right so to do and, although it is possible, and even probable, that a truthful answer to the question would have shown his innocence of the alleged misconduct which the Grand Jury was investigating."

Summary of this case from People v. Franzese
Case details for

People v. Berson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EMANUEL BERSON…

Court:Court of Appeals of the State of New York

Date published: Apr 21, 1955

Citations

127 N.E.2d 79 (N.Y. 1955)
127 N.E.2d 79

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