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NASSAU COUNTY GRAND JURY

4 N.Y.3d 665 (2005)

830 N.E.2d 1118

797 N.Y.S.2d 790

In the Matter of NASSAU COUNTY GRAND JURY SUBPOENA DUCES TECUM DATED JUNE 24, 2003. "DOE LAW FIRM" et al., Appellants; ELIOT SPITZER, as Attorney General of the State of New York, Respondent.

Court of Appeals of the State of New York.

Decided May 3, 2005.

Attorney(s) appearing for the Case

Kenneth J. Weinstein, Garden City, and Judah Serfaty for appellants. I.

Eliot Spitzer, Attorney General, New York City (Peter B. Pope, Daniel Smirlock and Robin A. Forshaw of counsel), for respondent.

Chief Judge Kaye and Judges Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.

OPINION OF THE COURT

G.B. SMITH, J.

The issue here is whether individual partners of a small law firm may invoke the privilege against compelled self-incrimination in response to a grand jury subpoena duces tecum, served upon the custodian of records of their firm, seeking production of firm financial and payment records, copies of retainer and closing statements, and various other records. On the central...

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