Legal Opinion
In re the Grand Jury Subpoena Duces Tecum Served on the Museum of Modern Art
Appellate Division of the Supreme Court of the State of New York
Decided March 16, 1999PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Andrias, J.
The issue presented is whether the Legislature, in enacting what is known as the New York Exemption from Seizure Law (Arts and Cultural Affairs Law § 12.03), intended it to affect criminal proceedings. Here, a New York County Grand Jury empaneled to conduct a criminal investigation issued a subpoena duces tecum to The Museum of Modern Art ordering its appearance as a witness before the Grand Jury and the production of two allegedly stolen paintings which were being exhibited at the Museum.
Based upon information obtained from heirs of the original owners, the New…
2Cases cited8 opinions
- Virag v. HynesNew York Court of Appeals · 1981
- People v. RoblesNew York Court of Appeals · 1988
- Cunningham v. NadjariNew York Court of Appeals · 1976
- Heisler v. HynesNew York Court of Appeals · 1977
- Stern v. MorgenthauNew York Court of Appeals · 1984
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3Cited by2 opinions
- In Re the Grand Jury Subpoena Duces Tecum Served on the Museum of Modern ArtNew York Court of Appeals · 1999
- In Re the Grand Jury Subpoena Duces Tecum Served on the Museum of Modern ArtNew York Court of Appeals · 1999