Koota v. Colombo
| Court | New York Court of Appeals |
| Writing for the Court | FULD; DESMOND |
| Citation | 216 N.E.2d 568,17 N.Y.2d 147,269 N.Y.S.2d 393 |
| Decision Date | 24 March 1966 |
| Parties | , 216 N.E.2d 568 In the Matter of Aaron E. KOOTA, District Attorney of Kings County, on Behalf of the Regular April 1964 Grand Jury of the County of Kings, Respondent, v. Joseph COLOMBO et al., Appellants. |
Page 393
County, on Behalf of the Regular April 1964 Grand
Jury of the County of Kings, Respondent,
v.
Joseph COLOMBO et al., Appellants.
Certiorari Denied June 20, 1966. See 86 S.Ct. 1923.
Page 394
[17 N.Y.2d 148] Maurice Edelbaum, New York City, for John Oddo, Joseph Livoti and Salvatore Peritore, appellants.
[17 N.Y.2d 149] David F. Price, Brooklyn, for remaining appellants.
Aaron E. Koota, Dist. Atty. (Irving P. Seidman, Brooklyn, and Elliott Golden, New York City, of counsel), for respondent.
[17 N.Y.2d 150] FULD, Judge.
The appellants, although granted the complete immunity provided for by section 2447 of the Penal Law, Consol.Laws, c. 40, refused to testify before a Kings County Grand Jury and were adjudged guilty of criminal contempt (Judiciary Law, Consol.Laws, c. 30, § 750, subd. A, par. 3). The Appellate Division unanimously affirmed, [216 N.E.2d 569] and this court granted leave to consider, primarily, two grounds urged by the appellants for reversal, namely, (1) that the testimony sought from them was not relevant to the inquiry being conducted by the grand jury and (2) that they were denied due process at the hearing accorded them.
It has long been the rule in New York that 'there can be no punishment for contempt for * * * (refusing to testify before the grand jury) unless the court is shown that the evidence demanded may be relevant and proper'. (Matter of Spector v. Allen, 281 N.Y. 251, 258, 22 N.E.2d 360, 363, 364; see Matter of Manning v. Valente, 272 App.Div. 358, 72 N.Y.S.2d 88, affd. 297 N.Y. 681, 77 N.E.2d 3; People v. Doe (Byk), 247 App.Div. 324, 286 N.Y.S. 343, affd. 28 N.Y.S.2d 28, 272 N.Y. 473, 3 N.E.2d 875; Matter of Greenleaf v. Goldstein, 176 Misc. 566, affd. 266 App.Div. 658, 41 N.Y.S.2d 209, affd. 291 N.Y. 690, 52 N.E.2d 588.) However, although the court must be apprised of 'the nature of the evidence demanded and of its relation to the subject of the investigation' (Matter of Spector v. Allen, 281 N.Y. 251, 258, 22 N.E.2d 360, 364, supra), the relevancy of the questions need not be conclusively established. It is enough if the 'bearing (of the questions) on the subject of the investigation was susceptible of intelligent estimate' (Matter of Spector v. Allen, 281 N.Y. 251, 258, 22 N.E.2d 360, 364, supra) or if there was a 'justifiable suspicion that the...
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...Service Employees Association, Inc., 62 N.Y.2d 11, 16-17, 475 N.Y.S.2d 817, 819-20, 464 N.E.2d 121, 123-24 (1984); Koota v. Colombo, 17 N.Y.2d 147, 151, 269 N.Y.S.2d 393, 395, 216 N.E.2d 568, 569, cert. denied, 384 U.S. 1001, 86 S.Ct. 1923, 16 L.Ed.2d 1015 (1966); State University of New Yo......
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Additional January 1979 Grand Jury of Albany Supreme Court v. Doe
...answer irrelevant inquiries. (People v. Ianniello, 21 N.Y.2d 418, 425, 288 N.Y.S.2d 462, 235 N.E.2d 439; see Matter of Koota v. Colombo, 17 N.Y.2d 147, 150, Page 956 269 N.Y.S.2d 393, 216 N.E.2d 568.) In a situation where a witness or his attorney harbors a reasonable suspicion that a line ......
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Bell v. Waterfront Commission of New York Harbor
...S.Ct. 1081, 3 L.Ed.2d 1115; Watkins v. United States, 354 U.S. 178, 208--209, 77 S.Ct. 1173, 1 L.Ed.2d 1273; Matter of Koota v. Colombo, 17 N.Y.2d 147, 150, 269 N.Y.S.2d 393, 394, 216 N.E.2d 568, 569.) Indeed, if he had truthfully answered the questions about his activities so many years be......
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Virag v. Hynes
...contempt for * * * unless the court is shown that the evidence demanded may be relevant and proper' ". (Matter of Koota v. Colombo, 17 N.Y.2d 147, 150, 269 N.Y.S.2d 393, 216 N.E.2d 568, cert. den. 384 U.S. 1001, 86 S.Ct. 1923, 16 L.Ed.2d 1015, quoting Matter of Spector v. Allen, 281 N.......
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Sassower v. Sheriff of Westchester County, No. 985
...Service Employees Association, Inc., 62 N.Y.2d 11, 16-17, 475 N.Y.S.2d 817, 819-20, 464 N.E.2d 121, 123-24 (1984); Koota v. Colombo, 17 N.Y.2d 147, 151, 269 N.Y.S.2d 393, 395, 216 N.E.2d 568, 569, cert. denied, 384 U.S. 1001, 86 S.Ct. 1923, 16 L.Ed.2d 1015 (1966); State University of New Yo......
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Additional January 1979 Grand Jury of Albany Supreme Court v. Doe
...answer irrelevant inquiries. (People v. Ianniello, 21 N.Y.2d 418, 425, 288 N.Y.S.2d 462, 235 N.E.2d 439; see Matter of Koota v. Colombo, 17 N.Y.2d 147, 150, Page 956 269 N.Y.S.2d 393, 216 N.E.2d 568.) In a situation where a witness or his attorney harbors a reasonable suspicion that a line ......
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Bell v. Waterfront Commission of New York Harbor
...S.Ct. 1081, 3 L.Ed.2d 1115; Watkins v. United States, 354 U.S. 178, 208--209, 77 S.Ct. 1173, 1 L.Ed.2d 1273; Matter of Koota v. Colombo, 17 N.Y.2d 147, 150, 269 N.Y.S.2d 393, 394, 216 N.E.2d 568, 569.) Indeed, if he had truthfully answered the questions about his activities so many years be......
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Virag v. Hynes
...contempt for * * * unless the court is shown that the evidence demanded may be relevant and proper' ". (Matter of Koota v. Colombo, 17 N.Y.2d 147, 150, 269 N.Y.S.2d 393, 216 N.E.2d 568, cert. den. 384 U.S. 1001, 86 S.Ct. 1923, 16 L.Ed.2d 1015, quoting Matter of Spector v. Allen, 281 N.......