9 N.Y.2d 895 | NY | 1961
Concur: Judges Froessel, Van Voorhis, Burke and Foster. Chief Judge Desmond and Judges Dye and Fuld 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 Legislative Comm. (3 N Y 2d 92), the questions which defendant refused to answer were not “material and proper ” ones within the meaning of section 1330 of the Penal Law.