People v. Fischer, 47 N.Y.2d 1049 (1979)
A Grand Jury witness who has been granted immunity and warned about evasive contempt need not be contemporaneously warned that their answers are evasive to be charged with criminal contempt, provided the initial warnings were adequate.
Summary
The case addresses whether a Grand Jury witness, granted immunity and warned about evasive contempt, requires subsequent real-time warnings during testimony to be charged with criminal contempt for evasive answers. The New York Court of Appeals held that contemporaneous warnings are not required if the initial warnings adequately informed the witness of their immunity and potential liability for perjury or evasive responses. The court emphasized that fundamental fairness requires informing the witness of their immunity but rejected a rule mandating repeated warnings during the testimony, provided the initial warning was sufficient and the questioning did not constitute a ‘contempt trap’.
Facts
Fischer, an auctioneer involved in selling property related to a matrimonial action, testified before a Grand Jury investigating corruption allegations within that action. He was granted immunity but warned about potential perjury or contempt charges for false or evasive answers. During his first appearance, the District Attorney explained the nature of the investigation and potential penalties for perjury or contempt, specifically defining evasive contempt. In a subsequent appearance, Fischer was questioned about a conversation concerning a judge’s relationship with a party in the matrimonial action. Finally, he was asked whether he had mentioned a kickback scheme involving the referee in the matrimonial action, to which he responded vaguely, claiming he couldn’t recall. He was subsequently indicted for criminal contempt for giving evasive answers.
Procedural History
The Supreme Court, New York County, dismissed the indictment, relying on a case requiring contemporaneous warnings for evasive contempt. The Appellate Division, First Department, reversed, holding that the prior warnings and repeated questioning sufficiently apprised Fischer of his vulnerability to a contempt charge. Fischer appealed to the New York Court of Appeals.
Issue(s)
Whether a Grand Jury witness, granted immunity and initially warned about potential contempt for evasive answers, must receive contemporaneous warnings during their testimony to be charged with criminal contempt for those evasive answers.
Holding
No, because the initial warnings regarding immunity and the consequences of evasive answers were sufficient to put the witness on notice of potential criminal liability, and the prosecutor’s questioning did not constitute a “contempt trap”.
Court’s Reasoning
The Court of Appeals held that fundamental fairness requires informing a Grand Jury witness of the extent of their immunity. However, it rejected the requirement of contemporaneous warnings for evasive contempt, distinguishing it from the requirements of summary contempt proceedings. The court emphasized that the initial warnings, coupled with the repeated questioning, were sufficient to inform Fischer of his potential liability. The court distinguished the case from scenarios where the prosecutor attempts to trap the witness. Here, the prosecutor carefully reframed and repeated the questions. The court referenced People v. Ianniello, noting that a contempt conviction was upheld even when the defendant was never brought before the court and directed to give a more responsive answer. The court stated that the witness should be informed that they will not be immune from prosecution for perjury if they lie, or for contempt if they refuse to answer or give evasive replies, but the prosecutor isn’t required to repeat the admonition every time the witness’ testimony becomes vague or evasive.