People v. Colombo

Decision Date29 December 1972
Citation31 N.Y.2d 947,341 N.Y.S.2d 97,293 N.E.2d 247
Parties, 293 N.E.2d 247 The PEOPLE of the State of New York, Respondent, v. Joseph COLOMBO, Appellant.
CourtNew York Court of Appeals Court of Appeals

Barry Ivan Slotnick, New York City, for appellant.

Eugene Gold, Dist. Atty. (Ronald M. Kleinberg and Roger Bennet Adler, Asst. Dist. Attys., Brooklyn, of counsel), for respondent.

MEMORANDUM.

The order of the Appellate Division, entered June 16, 1969, should be reversed and the indictment dismissed.

Although defendant could have been properly indicted for his refusal to testify before the Grand Jury on October 14, 1965, after having been granted full immunity (People v. Riela, 9 A.D.2d 481, 484, 195 N.Y.S.2d 558, 561--562, revd. on other grounds7 N.Y.2d 571, 200 N.Y.S.2d 43, 166 N.E.2d 840, cert. den.364 U.S. 915, 81 S.Ct. 275, 5 L.Ed.2d 228) and such indictment would not be barred by double jeopardy, he was not indicted for that crime, but, instead, was indicted for his refusal to obey the order of Justice Barshay on December 7, 1965, to return to the same Grand Jury and testify.Thus, defendant was indicted for the same act and offense for which he previously was punished by Justice Barshay for contempt of court pursuant to section 750 of the Judiciary Law.The same evidence proves the Judiciary Law contempt for which defendant was previously punished and the Penal Law contempt charged in the indictment, and the elements of the two contempt charges are the same.Since the Supreme Court of the United States has held that defendant's previous punishment for contempt of court pursuant to the Judiciary Law was for 'criminal' contempt under the particular facts of this case(Colombo v. New York, 405 U.S. 9, 10--11, 92 S.Ct. 756, 30 L.Ed.2d 762), defendant's subsequent indictment for the same offense under section 600 of the former Penal Law is barred by the double jeopardy...

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27 cases
  • Williams v. State
    • United States
    • Texas Court of Appeals
    • August 9, 1989
    ...(La.App.1984) (contempt of court for violation of child visitation order barred later kidnapping charge); People v. Colombo, 31 N.Y.2d 947, 341 N.Y.S.2d 97, 293 N.E.2d 247 (1972) (contempt conviction for refusal to testify before grand jury barred criminal prosecution for refusal to obey co......
  • State v. Thompson
    • United States
    • Oregon Court of Appeals
    • May 12, 1982
    ...69 Ill.2d 44, 12 Ill.Dec. 886, 370 N.E.2d 797 (1977), cert. den. 435 U.S. 1013, 98 S.Ct. 887, 56 L.Ed.2d 395 (1978); People v. Colombo, 31 N.Y.2d 947, 293 N.E.2d 247 (1972); People v. Lombardo, 50 Cal.App.3d 849, 123 Cal.Rptr. 755 (1975); Simanonok v. Randle, 388 So.2d 45 The majority's rel......
  • People v. Forman
    • United States
    • New York City Court
    • September 5, 1989
    ...McKinneys Consolidated Laws of New York, Penal Law Section 215.50, Vol. 39, pp. 577-578 (1988 Ed.); People v. Colombo, 31 N.Y.2d 947, 341 N.Y.S.2d 97, 293 N.E.2d 247 (1972). While the Penal Law criminalizes intentional disobedience or resistance and the Judiciary Law proscribes wilful disob......
  • Department of Housing Preservation and Development of City of New York v. Gottlieb
    • United States
    • New York City Court
    • July 23, 1987
    ...121). The New York Court of Appeals has held that a criminal contempt case is equivalent to a criminal case. (Matter of Colombo, 31 N.Y.2d 947, 341 N.Y.S.2d 97, 293 N.E.2d 247; cf. Colombo v. New York, 405 U.S. 9, 10-11, 92 S.Ct. 756, 756-57, 30 L.Ed.2d 762). This state has long held that t......
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1 books & journal articles
  • Part XXXII Contempt Motions Contempt Motions
    • United States
    • New York State Bar Association The Legal Writer - Drafting NY Civil-Litigation Documentation
    • Invalid date
    ...5519); McCormick v. Axelrod, 59 N.Y.2d 574, 585, 466 N.Y.S.2d 279, 284, 453 N.E.2d 508, 514–15 (1983). [1380] . People v. Colombo, 31 N.Y.2d 947, 949, 341 N.Y.S.2d 97, 98, 293 N.E.2d 247, 247 (1972) (“[D]efendant was indicted for the same act and offense for which he previously was punished......

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