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PEOPLE v. STEUDING

6 N.Y.2d 214 (1959)

The People of the State of New York, Appellant, v. Ernest A. Steuding, Defendant, and Morgan D. Ryan, Respondent.

Court of Appeals of the State of New York.

Decided July 8, 1959.

Attorney(s) appearing for the Case

Bernard Tompkins, Special Assistant Attorney-General (Leonard E. Reisman, Wilfred R. Caron and Robert Orseck of counsel), for appellant.

Edward S. Silver, District Attorney (William Sonenshine and Aaron E. Koota of counsel), for New York State District Attorneys' Association, amicus curiæ, in support of appellant's position.

N. Le Van Haver and John E. Egan for respondent.

Judges FROESSEL and VAN VOORHIS concur with Judge FULD; Judge DYE concurs in a separate opinion; Judge BURKE dissents in an opinion in which Chief Judge CONWAY and Judge DESMOND concur.

FULD, J.

By virtue of the Constitution of this State (art. I, § 6) — and it is solely the Constitution of New York with which we are now concerned — a prospective defendant or one who is a target of an investigation may not be called and examined before a Grand Jury and, if he is, his constitutionally-conferred privilege against self incrimination is...

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