People v. McGrath

On February 20, 1973, defendant appeared as a witness before a Grand Jury and was granted transactional immunity. Defendant inquired if any of the questions to be asked were based on evidence acquired through any form of electronic surveillance, to which the Assistant District Attorney responded: "[I]t is anticipated that some of the questions which will be asked of you * * * may be derived from electronic eavesdropping”. Defendant’s request to be taken before the court was honored and at such time defendant sought to determine whether the questions to be asked were derived from unlawful…