Matter of Phillips

LEIBOWITZ, J.

Michael Kern for Lionel Phillips. Edward S. Silver, District Attorney (Aaron E. Koota and Jerome Ditore of counsel), for The People of the State of New York. LEIBOWITZ, J. This is an application to punish one Lionel Phillips, a witness before the Grand Jury, for contempt of court. The Grand Jury has been investigating alleged fraudulent practices of certain television repair shops. The Phillips Tube Supply Company and Ace Electronics Company are concerns engaged in the supply business of television parts. Phillips and one Louis Beregowitz are partners in these businesses. A part of Phillips, and probably with his consent, yet the proof does not meet the standard that the law requires, namely, guilt beyond a reasonable doubt. (Matter of Spector v. Allen, 281 N.Y. 251, 259.) I am, therefore, constrained to deny this application to punish Phillips for contempt. Order to that effect may be entered.