Legal Opinion

In re Grand Jury Applications for Court-Ordered Subpoenas & Nondisclosure Orders

New York Supreme Court

Decided December 27, 1988PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Carol Berkman, J.

The Honorable Robert M. Morgenthau, District Attorney of New York County, has applied ex parte for a number of orders in connection with ongoing or contemplated Grand Jury investigations. For the reasons set forth herein, notwithstanding this court’s recognition of the power and important function of the Grand Jury, these applications must be denied.

A recent burgeoning of applications for Grand Jury subpoenas and for nondisclosure orders has caused the three Judges primarily responsible for supervising Grand Juries in New York County (that is, the Judges…

2Cases cited10 opinions

  1. Matter of Spector v. AllenNew York Court of Appeals · 1939
  2. Virag v. HynesNew York Court of Appeals · 1981
  3. Nikrasch v. State, Texas Court of Appeals, 5th District (Dallas)1985
  4. Suburban Trust Co. v. WallerCourt of Special Appeals of Maryland · 1979
  5. Nichols v. Council on Judicial ComplaintsSupreme Court of Oklahoma · 1980

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3Cited by6 opinions

  1. Sybil Young and Roderick Young v. United States Department of Justice, Sybil Young and Roderick Young v. Chemical Bank, N.A.Court of Appeals for the Second Circuit · 1989
  2. State v. McAllisterNew Jersey Superior Court Appellate Division · 2004
  3. LCR Technologies Inc. v. HSBC Bank USAAppellate Division of the Supreme Court of the State of New York · 2007
  4. Nuby v. South Boston SavingsCourt of Appeals for the First Circuit · 1998
  5. State v. PopenhagenWisconsin Supreme Court · 2008

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