Marangelo v. Criminal Court of City of New York

Citation49 Misc.2d 414,267 N.Y.S.2d 791
PartiesApplication of Louis MARANGELO, Petitioner, for an Order Pursuant to Article 78 of the Civil Practice Laws, and Rules v. The CRIMINAL COURT OF the CITY OF NEW YORK, in the County of New York, the Several Judges of Said Court, and Frank S. Hogan, District Attorney of New York County, and his Representatives, Respondents. Application of Louis COSTELLO, Petitioner, for an Order Pursuant to Article 78 of the Civil Practice Laws and Rules v. The CRIMINAL COURT OF the CITY OF NEW YORK, in the County of New York, the Several Judges of Said Court, and Frank S. Hogan, District Attorney of New York County, and his Representatives, Respondents.
Decision Date18 February 1966
CourtNew York Supreme Court

Henry B. Rothblatt, New York City, for petitioner; Frank S. Hogan, Dist. Atty., New York County, Gerard T. McGuire, Asst. Dist. Atty., of counsel.

Louis J. Lefkowitz, Atty. Gen. of New York, for Criminal Court of the City of New York and judges thereof; Charles A. La Torella, Jr., Asst. Atty. Gen., of counsel.

LOUIS J. CAPOZZOLI, Justice.

Application under calendar number 167 of January 21, 1966 is consolidated herein with the application under calendar number 166 of the same date, and both are decided together.

Each of the petitioners in each Article 78 CPLR proceeding invokes the judicial power to prohibit respondents, the Criminal Court of the City of New York and the District Attorney of the County of New York from proceeding with the prosecution of informations charging each of the petitioners with the crime of criminal contempt, in violation of Penal Law, § 600(6).

The strikingly similar background facts of each application are not the subject of controversy. Each petitioner had been summoned and appeared before the Third July 1964 Grand Jury of New York County during that body's investigation to determine whether the crimes of conspiracy to bribe public officers and bribery of public officers have been committed in connection with violations of the gambling laws of the State of New York. Petitioners, former police officers, appeared before the aforesaid Grand Jury on April 6, April 13 and June 29, 1965. Although the Grand Jury granted them complete immunity from prosecution for any crimes disclosed by their testimony, each petitioner, though advised and intelligently aware of the immunity afforded, refused to answer questions propounded to each one before the Grand Jury.

On two separate occasions, upon application by the District Attorney, each of the petitioners was directed by the court, after a hearing, to return to the Grand Jury and answer the questions put to him. Each petitioner disobeyed each of the two orders of the court. As a consequence of each such deliberate disobedience of the order of the court, each petitioner was found in contempt of court and the court, pursuant to Judiciary Law, § 750, directed that each contemnor be imprisoned for such contumacious and unlawful refusal to obey the order and direction of the court.

In July 1965 the Grand Jury directed that the District Attorney file informations charging each petitioner with the crimes of criminal contempt in violation of Penal Law, § 600(6). The instant applications for relief in the nature of writs of prohibition challenge the legality of these informations.

The gravamen of petitioners' attack upon the subject...

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4 cases
  • People v. Failla
    • United States
    • New York County Court
    • July 19, 1973
    ...Damiani and summarily disposed of the defendant's double jeopardy claim, citing three cases: Matter of Marangelo v. Criminal Court of City of New York, 49 Misc.2d 414, 267 N.Y.S.2d 791; People v. Costello, 21 N.Y.2d 967, 290 N.Y.S.2d 194, 237 N.E.2d 356; and People ex rel. Maurer v. Jackson......
  • People v. Colombo
    • United States
    • New York Supreme Court — Appellate Division
    • June 16, 1969
    ...Colombo and Albert Gallo that these indictments place them twice in jeopardy for the same acts (Matter of Marangelo v. Criminal Court of City of New York, 49 Misc.2d 414, 267 N.Y.S.2d 791; People v. Costello, 21 N.Y.2d 967, 290 N.Y.S.2d 194, 237 N.E.2d 356; People ex rel. Maurer v. Jackson,......
  • Laurie v. State
    • United States
    • New York Court of Claims
    • March 7, 1966
    ... ... Alfred LAURIE, Claimant, ... The STATE of New York, Defendant ... Claim No. 40135 ... Court of Claims of New ...         James G. Blake, Garden City, for claimant ...         Louis J. Lefkowitz, ... ...
  • People v. Sudore, 2009 NY Slip Op 51333(U) (N.Y. Dist. Ct. 6/23/2009)
    • United States
    • New York District Court
    • June 23, 2009
    ...inherent power of the court to punish summarily for an offense against the dignity of the court." Marangelo v. Criminal Court of City of New York, 49 Misc 2d 414 (NY Sup. Ct., Feb. 16, 1966). "The purpose of a criminal contempt proceeding for willful disobedience of its lawful mandate is to......

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