People v. Ianniello, 21 N.Y.2d 418 (1968)

A grand jury witness has a right to consult with counsel outside the grand jury room concerning legal rights, but the denial of that right does not give the witness a license to commit perjury or contempt; instead, the witness must persist in refusing to answer, forcing the prosecutor to seek a court ruling.

Summary

Ianniello, a bar owner, was indicted for criminal contempt based on allegedly evasive answers to grand jury questions during an investigation into bribery. He was denied permission to consult with his lawyer during questioning. The trial court dismissed the indictment, arguing denial of counsel. The appellate court affirmed, reasoning that Ianniello was a target of the investigation and thus immune. The Court of Appeals reversed, holding that evasive testimony can be prosecuted as contempt, even if the witness is a potential defendant, and that while a grand jury witness has a right to consult with counsel about legal rights, Ianniello’s request was a strategic delay tactic, and thus his contempt charges are valid.

Facts

Ianniello, owner of two bars, was called before a grand jury investigating a bribery conspiracy involving police and officials of the State Liquor Authority. He initially refused to be sworn in, citing a pending misdemeanor case. He was assured he was called solely as a witness and offered immunity. He was questioned about conversations with Benny Cohen regarding police payoffs. When he claimed he could not recall these conversations, the prosecutor reminded him of the immunity and his obligation to be truthful. Ianniello asked to consult his attorney to determine if the question was “proper.” This request was denied. He continued to claim he did not recall the conversations. Later, he was questioned about a meeting with Sergeant O’Shea and again claimed he did not recall the conversation. He also claimed he couldn’t recall if anyone had told him to stay away from Sergeant O’Shea or if he had entertained police officers at his farm.

Procedural History

The Grand Jury indicted Ianniello for criminal contempt. The Supreme Court, New York County, dismissed the indictment. The Appellate Division affirmed the dismissal. The New York Court of Appeals reversed the Appellate Division’s order and reinstated the indictment.

Issue(s)

1. Whether a grand jury witness who is a potential defendant or target of investigation can be prosecuted for contempt based on evasive testimony.
2. Whether a grand jury witness has a right to consult with counsel during questioning, and if so, under what circumstances.

Holding

1. Yes, because the witness still has the benefit of an exclusionary rule preventing the use of compelled testimony or its fruits in a prosecution for a previously committed substantive crime.
2. Yes, but only when the witness requests counsel concerning legal rights, not for strategic advice. In this case, the denial was not improper because the witness’s request was a strategic delay tactic.

Court’s Reasoning

The Court of Appeals reasoned that the rule against prosecuting a target witness for contempt was undermined by People v. Tomasello, which held that a witness could be prosecuted for perjury even if a target. The Court stated that a witness cannot have a “license to commit perjury.” The “use” of testimony to establish contempt is different than using it to establish a prior offense. Even if Ianniello was a target, he could be punished for evasive testimony. Regarding the right to counsel, the court acknowledged that a witness has no right to have counsel present in the grand jury room, but the court then addressed the question of whether a witness has the right to leave the room to consult with counsel. The court stated that while a grand jury proceeding is an investigation, not a prosecution, counsel is important to provide notice of rights. The court has a responsibility to prevent unfairness in grand jury proceedings, because the grand jury is an “arm of the court.” A witness may need counsel to determine whether to assert their privilege against self-incrimination, whether a question is relevant to the investigation, or whether a testimonial privilege applies. However, the court emphasized that a witness cannot commit perjury or contempt if their right to counsel is denied; they must persist in refusing to answer, forcing the prosecutor to seek a court ruling. The court found that Ianniello’s request for counsel was not made in good faith because it was limited to whether the question was “proper” and the relevance of the question was not in doubt. Further, he never requested advice on testimonial privileges or self-incrimination, and he had been repeatedly told he was being given immunity. Finally, the court noted that three of the contempt counts were based on testimony given after a week’s recess, during which Ianniello had the opportunity to consult with counsel. The court concluded that Ianniello’s answers “could be found evasive by a jury” and thus he could be held in contempt because his answers were “so false and evasive as to be equivalent to no answer at all.”