Legal Opinion

Stern v. Morgenthau

New York Court of Appeals

Decided June 12, 1984PublishedCited by 25 opinions

POINTS OF COUNSEL Section 45 of the Judiciary Law requires that Commission records requested by a Grand Jury’s subpoena duces tecum remain confidential and not be provided to the Grand Jury.

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POINTS OF COUNSEL Section 45 of the Judiciary Law requires that Commission records requested by a Grand Jury’s subpoena duces tecum remain confidential and not be provided to the Grand Jury. (United States v Calandra, 414 US 338; Matter of New York State Dept, of Taxation & Fin. vNew York State Dept, of Law, Statewide Organized Crime Task Force, 44 NY2d 575; Matter of Priest v Hennessy, 51 NY2d 62; Matter of Investigation of Criminal Abortions in Kings County [Magelaner], 286 App Div 270, 309 NY 1031; People v McAlpin, 50 Mise 2d 579; Matter of Grand Jury Investigation, 59 NY2d 130; People v…

1Opinion of the Court

OPINION OF THE COURT

Simons, J.

The issue presented is whether a Grand Jury, acting in furtherance of a lawful investigation involving two Judges, may subpoena confidential records of the State Commission on Judicial Conduct developed during an investigation into conduct of the Judges. Petitioner, the Administrator of the Commission, received such a subpoena from respondent, the District Attorney of New York County, and moved to quash it. Supreme Court denied the motion and the Appellate Division affirmed, without opinion. There should be a reversal. The Legislature has the power to exempt…

2Cases cited15 opinions

  1. Branzburg v. HayesSupreme Court of the United States · 1972
  2. Priest v. HennessyNew York Court of Appeals · 1980
  3. Nicholson v. State Commission on Judicial ConductNew York Court of Appeals · 1980
  4. People v. Di NapoliNew York Court of Appeals · 1970
  5. Virag v. HynesNew York Court of Appeals · 1981

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3Cited by25 opinions

  1. People v. LancasterNew York Court of Appeals · 1986
  2. New York State Commission on Judicial Conduct v. RubensteinNew York Court of Appeals · 2014
  3. People v. GarsonNew York Court of Appeals · 2006
  4. Fields v. SoloffCourt of Appeals for the Second Circuit · 1990
  5. Fields v. SoloffCourt of Appeals for the Second Circuit · 1990

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