Erie County Ct. order dated January 15, 2013, affirming dismissal of criminal contempt charges on double jeopardy grounds. Pigott, J., granted leave to People June 7, 2013.

ISSUE PRESENTED: Whether the criminal charge of contempt in the second degree (refusal to testify at a criminal trial) was properly dismissed on double jeopardy grounds after defendant was cited for civil contempt and confined for the duration of the trial for the same refusal to testify.

dismissal of criminal contempt charge on double jeopardy grounds