People v. Colombo
| Court | New York Court of Appeals |
| Writing for the Court | FULD |
| Citation | 31 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. |
| Decision Date | 29 December 1972 |
Page 97
v.
Joseph COLOMBO, Appellant.
[31 N.Y.2d 949] 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.
Page 98
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 grounds 7 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 [293 N.E.2d 248] 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 clause. (See Matter of Martinis v. Supreme Ct., 15 N.Y.2d 240, 249, 258 N.Y.S.2d 65, 69--70, 206 N.E.2d 165, 168.)
FULD, C.J., and BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON, JJ., concur.
Upon reargument: Order reversed and the indictment disimissed in a memorandum.
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State v. Thompson, No. 25352
...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......
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Williams v. State, 04-88-00262-CR
...So.2d 633 (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 ......
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People v. Forman
...Commentary, 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 ......
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Department of Housing Preservation and Development of City of New York v. Gottlieb
...N.E.2d 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......
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People v. Forman
...Commentary, 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 ......
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Williams v. State, 04-88-00262-CR
...So.2d 633 (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 ......
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State v. Thompson, 25352
...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......
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Department of Housing Preservation and Development of City of New York v. Gottlieb
...N.E.2d 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......