New York Law Review

Tag: People v. Fischer

  • People v. Fischer, 53 N.Y.2d 614 (1981): Criminal Contempt Based on Evasive Testimony

    People v. Fischer, 53 N.Y.2d 614 (1981)

    A witness can be found guilty of criminal contempt for providing false and evasive answers, even if they do not outright refuse to answer questions.

    Summary

    The New York Court of Appeals affirmed the defendant’s convictions for criminal contempt and perjury. The Court held that the defendant’s repeated professions of memory loss and denials regarding payments, in light of entries in his “black book” and testimony from his bookkeeper, constituted evasive and perjurious testimony. The Court found sufficient evidence for the jury to conclude that the defendant’s testimony before the grand jury was intentionally false and evasive, thereby obstructing the investigation and warranting a contempt conviction. The court found that the evidence presented was sufficient to prove both criminal contempt and perjury.

    Facts

    The defendant, Fischer, was convicted of criminal contempt and perjury based on his testimony before a grand jury. Key evidence included cryptic entries in Fischer’s “black book” and testimony from his bookkeeper regarding overheard conversations about payments to a union official. Fischer repeatedly responded with “I don’t remember,” “I don’t recall,” and “I don’t know” when questioned about the entries and denied making specific payments.

    Procedural History

    The case originated in a trial court where Fischer was convicted of criminal contempt and perjury. The Appellate Division affirmed the trial court’s decision, upholding the convictions. Fischer then appealed to the New York Court of Appeals.

    Issue(s)

    1. Whether Fischer’s repeated professions of memory loss and denials of knowledge constituted evasive testimony sufficient to support a conviction for criminal contempt.
    2. Whether there was sufficient evidence, including the black book entries and the bookkeeper’s testimony, to support the perjury conviction.

    Holding

    1. Yes, because the jury was warranted in finding that the cryptic entries in the defendant’s black book were made in circumstances so memorable as to render his protestations of no recollection incredible and thus evasive.
    2. Yes, because the entries in the defendant’s black book, combined with his testimony and the bookkeeper’s testimony, provided sufficient evidence that the defendant committed perjury.

    Court’s Reasoning

    The Court of Appeals reasoned that Fischer’s repeated claims of memory loss, when considered in the context of the entries in his black book, were so implausible as to be evasive and obstructive, supporting the criminal contempt conviction. The court cited People v. Ianniello, 36 NY2d 137, 142, stating, “To be guilty of contempt the witness need not flatly refuse to answer the questions put to him; false and evasive profession of an inability to recall, which amounts to no answer at all, is punishable as criminal contempt.” The Court found that the defendant’s repeated responses of “I don’t remember”, “I don’t recall”, and “I don’t know”, together with his reiterated statements that the moneys went to no one specifically, were sufficient to sustain the finding of contemptuous evasion.

    Regarding the perjury conviction, the Court found that the entries in the black book, Fischer’s testimony regarding them, and the bookkeeper’s testimony about overheard conversations collectively established that Fischer lied under oath about making payments to a union official. Each piece of evidence corroborated the others, satisfying the corroboration requirement for perjury convictions under Penal Law § 210.50.

    The court also addressed the admissibility of extended portions of Fischer’s grand jury testimony, finding that the trial court did not abuse its discretion in admitting this evidence, even after the dismissal of one count of criminal contempt. The court referenced People v McGrath, 46 NY2d 12, 32.

  • People v. Fischer, 53 N.Y.2d 178 (1981): Criminal Contempt and Evasive Testimony Before a Grand Jury

    53 N.Y.2d 178 (1981)

    To sustain a conviction for criminal contempt based on evasive answers before a grand jury, the prosecution does not need to prove that the underlying event or conversation referenced in the questions actually occurred.

    Summary

    Defendant, an attorney, was convicted of criminal contempt for giving evasive answers to a grand jury investigating misconduct. Specifically, he repeatedly claimed he didn’t recall a conversation with another attorney, Abe Brown, about a potential bribe. The New York Court of Appeals affirmed the conviction, holding that the prosecution wasn’t required to prove the alleged conversation with Brown actually occurred. The critical issue was whether the defendant intentionally evaded answering the questions, not whether the underlying facts were true. The court reasoned that evasive contempt hinges on the intent to avoid answering, regardless of the truth of the matter being investigated.

    Facts

    The defendant, a practicing attorney, appeared before a grand jury investigating possible misconduct by Abram Brown, a law assistant. The defendant was asked if Brown had told him that another law assistant, identified as Brown’s cousin, expected a payment from the defendant in return for a favorable decision for the defendant’s client. The defendant repeatedly responded that he did not recall the conversation or statement.

    Procedural History

    The defendant was charged with six counts of criminal contempt. His first trial ended in a mistrial. At the second trial, he was acquitted of two counts, but the jury deadlocked on the remaining four. At the third trial, one count was dismissed, he was acquitted on two counts, and the jury found him guilty on one count. The Appellate Division affirmed the conviction. The New York Court of Appeals granted permission to appeal.

    Issue(s)

    Whether the prosecution must prove that the event, conversation, or other fact referred to in the grand jury questions actually occurred to sustain a conviction for criminal contempt based on evasive answers.

    Holding

    No, because the essence of criminal contempt based on evasive testimony is whether the defendant intended to avoid answering the question, not whether the underlying facts are true or false.

    Court’s Reasoning

    The court distinguished between the “happening” of an event and the “telling” about it. The questions focused on whether Abe Brown made a statement to the defendant, not on the underlying transaction itself. Therefore, the prosecution did not need to prove the underlying event occurred. The court stated that conviction for “evasive contempt” must be based on a determination that there was a refusal to answer a material question before the Grand Jury. The essence of the conviction is that the jury finds beyond a reasonable doubt that the defendant’s response was intended as no answer at all and was thus tantamount to a refusal to answer. The court emphasized, “It is not the content of the answer on which a conviction for contempt can be based; it is that in the circumstances in which the question is asked and the response given, whatever may be the normal denotation of the words spoken, the jury is warranted in concluding, as it did in this case, that the words were spoken with intent to evade making an answer.” The court rejected the defendant’s argument that the trial court erred by refusing to charge the jury that the prosecution had to prove the underlying event occurred. The court stated that such a charge would have improperly led the jury into consideration of a collateral and extraneous issue of fact, and might inadvertently have led them to an unwarranted verdict on the contempt charge based on their evaluation of the truth or falsity of defendant’s answers.

  • People v. Fischer, 47 N.Y.2d 1049 (1979): Sufficiency of Initial Warnings for Evasive Contempt Before a Grand Jury

    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.