PEOPLE EX REL. GROSS v. SHERIFF OF CITY OF N. Y.


302 N.Y. 173 (1951)

The People of the State of New York ex rel. Harry Gross, Appellant, v. Sheriff of the City of New York, Respondent.

Court of Appeals of the State of New York.

Decided January 18, 1951


Attorney(s) appearing for the Case

Michael Kern for appellant.

Miles F. McDonald, District Attorney (Aaron E. Koota and Julius Helfand of counsel), for respondent.

LEWIS, CONWAY, DYE and FROESSEL, JJ., concur in prevailing memorandum; LOUGHRAN, Ch. J., DESMOND and FULD, JJ., dissent in memorandum.


Memorandum.

Upon this record we cannot say that the status of the relator as a material witness in the pending Grand Jury proceeding instituted in December, 1949 — by which is being conducted a broad investigation into the existence in Kings County of gambling, book-making, racketeering and all forms of organized crime — was terminated as a matter of law when, on December 4, 1950, he was arraigned in the...

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