PICCIRILLO v. NEW YORK
No. 97.
Argued November 9, 1970
Decided January 25, 1971
■ Malvine Nathanson argued the cause for petitioner. With her on the briefs was William, E. Hellerstein.
Stanley M. Meyer argued the cause for respondent. With, him on the brief was Eugene Gold.
Per Curiam
The occasion for granting the writ in this case was to . resolve the important question whether it is necessary to accord “transactional” immunity, see Counselman v. Hitchcock, 142 U. S. 547 (1892), to compel a witness to give testimony before a state grand jury over his claim of the privilege against self-incrimination, or whether-mere “use” immunity suffices to that end, see, e. g., Murphy v. Waterfront Comm’n, 378 U. S. 52 (1964); Uniformed Sanitation Mén Assn. v. Commissioner of Sanitation of the City of New York, 426 F. 2d 619 (CA2 1970).
After considering the briefs and oral argument's of the parties on this writ, we have reached the conclusion that the decision of the New York Court of Appeals in Gold v. Menna, 25 N. Y. 2d 475, 255 N. E. 2d 235 (1969), which makes clear that transactional immunity is required in New York and' also indicates that such' court's earlier decision in the case before us, People v. La Bello, 24 N. Y. 2d 598, 249 N. E. 2d 412 (1969), may have rested on that premise, makes this case an inappropriate vehicle for deciding a question of such far-reaching importance.
With the intervening decision in Gold, no controversy any longer exists between the parties as to the question which impelled us to grant the writ: whether, in the circumstances involved in this case, Piccirillo was entitled to “use” or “transactional” immunity. While it is true that, technically speaking, issues remain in the case 'concerning the kind of immunity required by federal law and, if" it be “transactional” rather than “use” immunity in such a case as this, the proper scope of such immunity, both issues arise only against the sterile background of agreement between the parties that Piccirillo is entitled to. “transactional’’ immunity under state law. Thus, our determination upon the fundamental constitutional question underlying this case would be in no sense necessary to. its resolution in this instance.
In this posture of affairs, we conclude that the writ of certiorari should be dismissed as improvidently granted.
It is so orderéd.
Mk. Justice Black dissents from the dismissal of this writ as improvidently granted. He would vacate the judgment below and remand the case to the New York Court of Appeals for reconsideration in light of its later opinion in Gold v. Menna, 25 N. Y. 2d 475, 255 N. E. 2d 235.
What follows is an opinion from the Supreme Court of the United States. Your task is to determine the issue area of the Court's decision. Determine the issue area on the basis of the Court's own statements as to what the case is about. Focus on the subject matter of the controversy rather than its legal basis. In specifying the issue in a legacy case, choose the one that best accords with what today's Court would consider it to be. Choose among the following issue areas: "Criminal Procedure" encompasses the rights of persons accused of crime, except for the due process rights of prisoners. "Civil rights" includes non-First Amendment freedom cases which pertain to classifications based on race (including American Indians), age, indigency, voting, residency, military or handicapped status, gender, and alienage. "First Amendment encompasses the scope of this constitutional provision, but do note that it need not involve the interpretation and application of a provision of the First Amendment. For example, if the case only construe a precedent, or the reviewability of a claim based on the First Amendment, or the scope of an administrative rule or regulation that impacts the exercise of First Amendment freedoms. "Due process" is limited to non-criminal guarantees. "Privacy" concerns libel, comity, abortion, contraceptives, right to die, and Freedom of Information Act and related federal or state statutes or regulations. "Attorneys" includes attorneys' compensation and licenses, along with trhose of governmental officials and employees. "Unions" encompass those issues involving labor union activity. "Economic activity" is largely commercial and business related; it includes tort actions and employee actions vis-a-vis employers. "Judicial power" concerns the exercise of the judiciary's own power. "Federalism" pertains to conflicts and other relationships between the federal government and the states, except for those between the federal and state courts. "Federal taxation" concerns the Internal Revenue Code and related statutes. "Private law" relates to disputes between private persons involving real and personal property, contracts, evidence, civil procedure, torts, wills and trusts, and commercial transactions. Prior to the passage of the Judges' Bill of 1925 much of the Court's cases concerned such issues. Use "Miscellaneous" for legislative veto and executive authority vis-a-vis congress or the states.
Criminal Procedure Civil Rights First Amendment Due Process Privacy Attorneys Unions Economic Activity Judicial Power Federalism Interstate Relations Federal Taxation Miscellaneous Private Action