Legal Opinion

In re the Second Report of the Seneca County Special Grand Jury of January 2007

Appellate Division of the Supreme Court of the State of New York

Decided February 6, 2009PublishedCited by 3 opinions

1Opinion of the Court

Appeal from an order of the Seneca County Court (Dennis F. Bender, J.), dated February 15, 2008. The order accepted Report Number 2 of the January 2007 Seneca County Special Grand Jury and directed the filing of the report as a public record.

It is hereby ordered that the order so appealed from is unanimously reversed on the law and the report is sealed.

*1080Memorandum: We agree with appellant, a public official of Seneca County, that County Court erred in directing that a grand jury report be filed as a public record. It is “incumbent upon the prosecutor to instruct the Grand Jury regarding the…

2Cases cited3 opinions

  1. In re June 1982 Grand Jury of the Supreme CourtAppellate Division of the Supreme Court of the State of New York · 1983
  2. In re the Reports of the Grand Jury of the County of MontgomeryAppellate Division of the Supreme Court of the State of New York · 1984
  3. Morgenthau v. CuttitaAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by3 opinions

  1. In re The Third Report of Seneca County Special Grand Jury of January 2007Appellate Division of the Supreme Court of the State of New York · 2009
  2. In re the Seventh Report of the Seneca County Special Grand Jury of January 2007Appellate Division of the Supreme Court of the State of New York · 2009
  3. Matter of May/June 2018 Oneida County Grand Jury Report (John Doe 1)Appellate Division of the Supreme Court of the State of New York · 2019

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