Knapp v. Schweitzer

Citation2 N.Y.2d 913,141 N.E.2d 825,161 N.Y.S.2d 437
Parties, 141 N.E.2d 825 Application of Milton KNAPP, Appellant, v. Mitchell D. SCHWEITZER, Judge of the Court of General Sessions, et al., Respondents.
Decision Date08 March 1957
CourtNew York Court of Appeals

Appeal from Supreme Court, Appellate Division, First Department, 2 A.D.2d 579, 157 N.Y.S.2d 158.

Petitioner brought proceeding under the Civil Practice Act, § 1283 et seq., against Mitchell D. Schweitzer, Judge of the Court of General Sessions, New York County, and the District Attorney of the County of New York, to review a judgment of the Court of General Sessions, 157 N.Y.S.2d 820, adjudging petitioner in contempt and sentencing him to jail and payment of fine for failure to answer questions as a witness before grand jury, on assertion of claim of privilege against self-incrimination.

The Supreme Court, Special Term, New York County, Jacob Markowitz, J., entered an order dismissing the petition, and the petitioner appealed.

The Appellate Division, 2 A.D.2d 579, 157 N.Y.S.2d 158, Bergan, J., affirmed the order and held that where there was actual cooperative policy between appropriate federal and state authority in prosecuting crimes arising from acts made criminal both by Congress and the State Legislature and concerning which testimony was sought to be compelled, witness at grand jury inquiry, who asserted that answers elicited under compulsion of state authority would cause him to incriminate himself under federal law, was not entitled to a plea of privilege against self-incrimination.

The petitioner appealed to the Court of Appeals, contending that a real and substantial danger of prosecution for a federal crime entitles a witness to assert his privilege against self-incrimination in hearing before state grand jury, and that an immunity conferred on the witness by a state court does not avert such a danger, and that federal legislation has preempted the field, and that due process and Section 751 of the Judiciary Law, Consol.Laws, c. 30, required a plenary proceeding because the alleged contempt was committed before the grand jury and not before the committing judge, and that mandate of commitment was insufficient.

William J. Keating and Butler, Bennett & Fitzpatrick, New York City ( William J. Keating, New York City and Bernard H. Fitzpatrick, New York City, of counsel), for appellant.

Frank S. Hogan, Dist. Atty., New York City (Charles W. Manning, New York City, and Albert P. Loening, Jr., Asst. Dist. Attys.,...

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9 cases
  • Knapp v. Schweitzer
    • United States
    • United States Supreme Court
    • June 30, 1958
  • James v. Powell
    • United States
    • United States State Supreme Court (New York)
    • October 27, 1966
    ...v. Knapp, 4 Misc.2d 449, 457, 157 N.Y.S.2d 820, 828, aff'd Knapp v. Schweitzer, 2 A.D.2d 579, 157 N.Y.S.2d 158, aff'd 2 N.Y.2d 913, 161 N.Y.S.2d 437, 141 N.E.2d 825, aff'd 357 U.S. 371, 78 S.Ct. 1302, 2 L. Ed.2d 1393; 2 Weinstein-Korn-Miller, New York Civil Practice, par. 2302.01); recent l......
  • People v. Lanza
    • United States
    • New York Supreme Court Appellate Division
    • April 21, 1960
    ...immunity is not within the ambit of the constitutional privilege. People v. Sharp, 107 N.Y. 427, 14 N.E. 319, supra; Knapp v. Schweitzer, 2 N.Y.2d 913, 161 N.Y.S.2d 437, affirmed 357 U.S. 371, 78 S.Ct. 1302, 2 L.Ed.2d 1393. The legislative committee was engaged in an investigation of matter......
  • People v. Riela
    • United States
    • New York Supreme Court Appellate Division
    • December 31, 1959
    ...L.Ed.2d 50, affirmed 5 N.Y.2d 1026, 185 N.Y.S.2d 550. Appellant cites People v. Breslin, 306 N.Y. 294, 118 N.E.2d 108; Knapp v. Schweitzer, 2 N.Y.2d 913, 161 N.Y.S.2d 437, and Spector v. Allen, 281 N.Y. 251, 22 N.E.2d 360. In the Breslin case, while the court observed in passing that the wi......
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