Legal Opinion

Heisler v. Hynes

New York Court of Appeals

Decided July 7, 1977PublishedCited by 28 opinions

1Opinion of the CourtFuchsberg, J.

The sole issue on this appeal is whether a Grand Jury subpoena duces tecum may be used to compel a witness to surrender possession of records or other property to a prosecutor for independent examination outside the presence of the Grand Jury.

Clara Heisler, the petitioner, is one of the operators of the Oceanview Nursing Home. The Special Prosecutor1 issued a subpoena directing her to "appear before the Grand Jury of the County of Queens * * * as a witness in a criminal prosecution” and "to bring with you and produce” numerous books and records of the nursing home covering a five-year period.…

2Cases cited11 opinions

  1. Robert Hawthorne, Inc. v. Director of Internal RevenueDistrict Court, E.D. Pennsylvania · 1976
  2. Sigety v. HynesNew York Court of Appeals · 1975
  3. United States v. BirrellDistrict Court, S.D. New York · 1965
  4. United States v. ZirpoloDistrict Court, D. New Jersey · 1968
  5. Sussman v. New York State Organized Crime Task ForceNew York Court of Appeals · 1976

6 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. In re District AttorneyNew York Court of Appeals · 1983
  2. New York State Department of Taxation & Finance v. New York State Department of LawNew York Court of Appeals · 1978
  3. Brunswick Hospital Center, Inc. v. HynesNew York Court of Appeals · 1981
  4. State v. Hilltop Private Nursing Home, Inc.New Jersey Superior Court Appellate Division · 1981
  5. Windsor Park Nursing Home v. HynesNew York Court of Appeals · 1977

23 more not listed; retrieve them via the Exa API.

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