Justice Garson will not appear before a Brooklyn grand jury examining charges that he accepted an award for official misconduct.
An indictment, if there is one, is likely to be announced next week, sources said.
Justice Garson’s lawyer, Ronald P. Fischetti, said Wednesday that he instructed the judge not to testify because “the district attorney has apparently already made up his mind to continue the prosecution and [Justice Garson’s] testimony would serve no purpose.”
Justice Garson, two court employees, a lawyer and four others were charged in a scheme that allegedly resulted in the steering of matrimonial cases to the judge. Justice Garson, who was released on $15,000 bail after his arraignment on April 24, was charged with two counts of receiving an award for official misconduct, a Class E felony that carries a maximum sentence of 1-1/3 to 4 years in prison.
In one count, he is accused of accepting a box of cigars as a “reward” for giving attorney Paul Siminovsky, who faces bribery charges for his alleged role, ex parte advice on how handle a witness in a case. In the second count, Justice Garson, who has heard matrimonial cases since joining the court in 1998, is accused of accepting $1,000 from Mr. Siminovsky as a referral fee.