People v. Einhorn

The majority is in full accord with our distinguished colleague in his dissent, insofar as he concludes that a witness before the Grand Jury, who refuses to answer questions put to him, may not escape the consequences of his refusal merely because he relied upon the advice given to him by his attorney. We concede that this is out of the case.

We agree, too, that a witness is not entitled to a suppression hearing in the course of the grand jury inquiry, if a court order authorizing wiretapping is produced. (Cali v. United States, 464 F. 2d 475; Matter of Persico, 491 F. 2d 1156 [2 Cir., 1974];…