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MATTER OF CODEY (CAPITAL CITIES, ABC)

82 N.Y.2d 521 (1993)

626 N.E.2d 636

605 N.Y.S.2d 661

In the Matter of Robert H. Codey, on Behalf of the State of New Jersey, Appellant. Capital Cities, American Broadcasting Corp., Inc., Respondent.

Court of Appeals of the State of New York.

Submitted on reargument October 12, 1993.

Decided November 22, 1993.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney of New York County, New York City (Morrie I. Kleinbart, Patrick J. Hynes and Paul Harnisch of counsel), for appellant.

Patterson, Belknap, Webb & Tyler, New York City (Gregory L. Diskant and Paul W. Laisure of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, HANCOCK, JR., SMITH and LEVINE concur with Judge TITONE; Judge BELLACOSA dissents and votes to dismiss in a separate opinion.

TITONE, J.

Petitioner, appearing on behalf of the State of New Jersey, commenced this proceeding under CPL 640.10 for a subpoena directing respondent to attend and produce documents and other evidence for a Grand Jury investigation that was pending in Mercer County, New Jersey. Having been denied the requested relief in the Court below, petitioner asks this Court to resolve the narrow question of whether the...

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