New York Supreme Court April 25, 1944 (Burdy v. Conroy)

Cuff, J.

At a trial before the County Court and jury sitting in 'Queens County, the petitioner who happened to be the wife *477of the defendant then on trial for violating section 1897 of the Penal Law (illegal possession of gnn), refused to answer questions when called as a witness to testify against her husband, basing her refusal on the constitutional ground that her testimony “ may tend to