Legal Opinion · Dissent

In re Di Brizzi

New York Court of Appeals

Decided July 11, 1951Published

1DissentDye, J.

I dissent and vote for reversal. We are all agreed that there is no authorization for the creation of a “ New York State Crime Commission ” as such. In the absence of constitutional authority or appropriate legislation, neither the Governor nor the Attorney-General has the power of subpoena or testimonial compulsion. However much the ultimate purpose here sought to be attained may be indicated and desired, it must under our system of government be accomplished according to law. The cardinal precept upon which the constitutional safeguards of personal liberty ultimately rest is that a…

2Cases cited21 opinions

  1. Boyd v. United StatesSupreme Court of the United States · 1886
  2. Jones v. Securities & Exchange CommissionSupreme Court of the United States · 1936
  3. Matter of Mounting Finishing Co. v. McGoldrickNew York Court of Appeals · 1945
  4. Harriman v. Interstate Commerce CommissionSupreme Court of the United States · 1908
  5. People, Ex Rel. McDonald v. . KeelerNew York Court of Appeals · 1885

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