New York Court of Appeals
The People of the State of New York v. Frederick Avant and Margaret Avant
December 28, 197333 N.Y.2d 265
Summary
The Court of Appeals held that sections 103-a and 103-b of the New York General Municipal Law are unconstitutional because they coerce contractors to waive their Fifth Amendment privilege, and therefore the Grand Jury indictments against the contractors must be dismissed. The Court also affirmed that re‑indictment is only permissible when independent evidence exists, which was not the case here. Justice Breitel, in a concurring opinion, argued that the majority over‑extends constitutional protection to public contractors.