In what circumstances will a defendant "target-witness" be found not guilty of a criminal charge for refusing to waive immunity?

"New York", United States of America

The following excerpt is from People v. Cooper, 139 Misc.2d 44, 526 N.Y.S.2d 910 (N.Y. Cty. Ct. 1988):

In this case, the defendant "target-witness" was subpoenaed and examined before the Grand Jury. He did not claim privilege. If he had refused to waive immunity, the indictment against him would clearly not be subject to dismissal. (See People v. Davis, supra ). On the other hand, he was compelled to appear before the Grand Jury, requested to execute a Waiver of Immunity, and then testified as a witness against himself.

Although an ordinary witness whose appearance was compelled or a voluntary

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