# Opposition Brief — Grimaldi v. New York

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URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385605_0272%3A3

## Record

- **Collection:** Supreme Court brief
- **Document type:** Opposition Brief
- **Published:** January 1, 1970
- **Citation:** 400 U.S. 916

## Text

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OCTOBER igwane agro

of “SUPREME COURT, u. z

No. 595—

. VITO GRIMALDI
. THE PEOPLE OF THE STATE OF NEW YORK, =—s_

BRIEF IN OPPOSITION TO PETITION . |
FOR A WRIT OF CERTIORARI Serea aS

Beak 0 Gorp
. District Attorney
_ . Kings County —ssi«i
400 Municipal Building” *
Brgoklyn, N. Y. 11201 oe
co 643-5100 Seite

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- Cranrzs J. Hynes — say
Davi H. Karz - a

- §Scawtzy Mzvzer |

Assistant District Attorneys

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Statement ......... “ahs tg eae Mind mandarin ta eek: 4
EEN on eee et A ates p,5

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Statutes ....... Roe Leo a ae cies Pekaloawee

RSS AS ES we SOROS) SOR eee Se Se ee eA Se See Se Sk

Post It. Ww als nota ‘dem vation of petitioner *s cons
stitutional right to the assistance of Counsel to refise
petitioner's Pee st to have his counsel physically
present with dimkin the Grand Jury room during
his interrogation hy the Gran nd Jury

ies A Gye SRS or Sh

>

BRIEF IN OPPOSITION TO PETITION
FOR A WRIT OF CERTIORARI

Statement

_ Petitioner’seeks a writ of certiorari in order to review
an order of. the Appellate Division of the Supreme Court
of the State of New York, Second Judicial Department,
dated June 15,1970, which in turn affirmed an order of the
Supreme Court of Kings County, Criminal Term, Part I, —
dated April 30; 1970, and entered April. 30, 1970, which

found the defendant to be guilty of criminal contempt under

Section 750 of the New York Judiciary Law. The Court
of Appeals of the State of New York denied leave to appeal
‘on July 6, 1970. The said Court also denied a stay of pro-
ceedings pending an application for certiorari to this Court.

. Jurisdiction

The napa rouge of this Court ‘is séught to be invoked
under 28 U.S.C. Section 1 Lor (33). Petitioner cvontends he

Was’ denied’ ei rights under the rifth, Sixth and Four-
~ tee nth. Amendments to the United States ( ‘onstitution.

Defendant argues that h4s rights under the United States
Constitution relating to his privilege neainst. self-i inerim-
ination, ‘to the right to the assist; iiee of counsel and to due
process of law were violated. ‘

Statutes

The statute tnvolved is Seetion 750 of The New York
Judiciary Law which provides:

Power or Courts:ro PUNisn ror CRIMINAL CON TES Prs

“AL A court of record has power to punish for a
‘Seriminal contempt, a person. guilty of any of the, -
- following acts, and no others:

lL. Disorderly, conte mptuous, or insolent — be-
havior, eommitied during its sitting, in its immediate
View and presence, sind direetly tending to interrupt
its proceedings, or to impair the respeet due to its
authority, +

2. Breach of sthe peace, noise, or other disturb-

anee, directly tending to iuterrupt its proceedings,
3. Wiltul:disobedienee to its law ful mandate.
" Resistance wilfully offered to its lawful man-
a Session.’ 7

a >

Even if the pe titioner made a request to purge, the trial>

judge need not acce pt this request. Ilere the petitioner: had
at least two mont hs he ‘foe being indicted to make a request

w hich he had’ not aca. The Court should not try and sur-,

misé What might have: resulted, if the: petitioner requésted

to purge himse If. This issne‘hés not arisen and the Court .

should not corisidet hypothétic: tkwases. which. may or may
not result in legal. Injury \. ‘Judge Helfand does not hav ¢ te

accept fhe request to mirge and the petitioner would the n

have to serve his sentenced,

\

“&;

“CHARLES J. Hynes |

13.

CONCLUSION

4

The: petition for. the writ of certiorari

should be
-denied.

Dated: Brooklyn, New York

'« October 23, 1970 . 2

ie ame a a i
woo submitted,

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District Mikey.

2 Ev GENE ‘GoLp.
\ Kings County

*

Daviv H. Karz
bicins, LEY MEYER

. Assistant District Attorneys : .
of Counsel oa | ay
XN .

nt

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385605_0272%3A3. Public record. Not legal advice.