WBAI-FM v. Proskin

This is an appeal from an order of the County Court of Albany County, entered December 10, 1971, which denied appellant’s motion to quash a subpoena duces tecum.

On September 17, 1971 appellant, a radio station located in New York City, received an anonymous telephone call. The caller stated that a letter, advising of an imminent bomb threat, had been placed in a nearby phone booth. An employee of the station, a newscaster, proceeded to the designated spot and found the letter which stated that the “ Weather Underground ” was about to bomb the offices of the Commissioner of Correctional…