The People of the State of New York Ex Rel. Jesse Lewisohn, Respondent v. William J. O’Brien, as Sheriff of New…

Summary

The Court of Appeals affirmed the Appellate Division's order, holding that the relator was justified in refusing to answer questions that might incriminate him because the constitutional privilege against self‑incrimination is broader than the protection afforded by section 342 of the Penal Code. The decision overruled the earlier narrow construction in People ex rel. Hackley v. Kelly and adopted the broader interpretation articulated in Counselman v. Hitchcock.