People v. Lanza
| Decision Date | 27 April 1961 |
| Citation | 9 N.Y.2d 895,216 N.Y.S.2d 706,175 N.E.2d 833 |
| Parties | , 175 N.E.2d 833 The PEOPLE of the State of New York, Respondent, v. Harry LANZA, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 10 A.D.2d 315, 199 N.Y.S.2d 598.
The defendant was convicted under Section 1330 of the Penal Law, Consol.Laws, c. 40, of 19 crimes of refusing to testify before a legislative committee. The Court of General Sessions, New York County, Mullen, J., rendered a judgment imposing 10 consecutive sentences of one year each and nine concurrent sentences of one year each, and the defendant appealed.
The Appellate Division, McNally, J., modified the judgment by directing that the sentences should run concurrently rather than consecutively, and held that where the legislative committee engaged in investigation of matters including detection and prevention of corrupt practices offered the defendant immunity from prosecution for matters he might testify to, his refusal to answer, though made on the advice of counsel, and though grounded on privilege against self-incrimination, justified conviction for refusing to testify, but sentences were excessive in the light of the circumstances and the defendant's lack of a prior criminal record.
The defendant appealed to the Court of Appeals, and motions were made in the Court of Appeals to dismiss the appeal and for enlargement of time.
The Court of Appeals, 9 N.Y.2d 715, 214 N.Y.S.2d 334, denied the motion to dismiss the appeal and granted the motion for enlargement of time.
Judgment modified in accordance with the memorandum herein and, as so modified, affirmed. The Appellate Division having directed that the penitentiary sentences run concurrently and not consecutively and, as so modified, having affirmed the judgment of the Court of General Sessions, we direct that the judgment be further modified by finding defendant guilty of but one crime (People v. Riela, 7 N.Y.2d 571, 200 N.Y.S.2d 43). It is clear from the determination of the Appellate Division that the number of crimes of which the defendant was found guilty did not enter into the duration of the sentence imposed.
All concur except DESMOND, C. J., and DYE and FULD, JJ., who dissent and vote to reverse and to dismiss the indictment upon the ground that in view of the situation disclosed in Lanza v. New York State Joint Legis. Comm., 3 N.Y.2d 92, 164 N.Y.S.2d 9, the questions which defendant refused to answer were...
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Lanza v. State of New York
...the petitioner had committed but a single crime in refusing to answer the various questions put to him by the committee. 9 N.Y.2d 895, 216 N.Y.S.2d 706, 175 N.E.2d 833. 6 The New York Court of Appeals made clear that it had passed upon this federal constitutional claim, and that its judgmen......
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... ... 57) are unaffected by the Mapp and Silverman cases ... We discern no basis for referring to the Fifth Amendment. Adamson v. People of State of California, 332 U.S. 46, 50-54, 67 S.Ct. 1672, 91 L.Ed. 1903; Olmstead case, supra, 277 U.S. p. 462, 48 S.Ct. p. 567 ('There was no * * * ... See People of State of New York v. Lanza, 10 A.D.2d 315, 199 N.Y.S.2d 598, affd. 9 N.Y.2d 895, 216 N.Y.S.2d 706, 175 N.E.2d 833; 10 N.Y.2d 748, 219 N.Y.S.2d 603, 177 N.E.2d 46; cert. granted ... ...
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...as modified by the Appellate Division, 10 A.D.2d 315, 199 N.Y.S.2d 598 (1st Dep't 1960), and the Court of Appeals, 9 N.Y.2d 895, 216 N.Y.S.2d 706, 175 N.E.2d 833 (1961), but neither court discussed the constitutional issue.3 The statute under which the defendant in the instant case was conf......
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