MATTER OF MILLER v. SILVER


22 Misc.2d 486 (1959)

In the Matter of I. Frank Miller, Petitioner, v. Edward S. Silver, as District Attorney of Kings County, Respondent.

Supreme Court, Special Term, Kings County.

October 20, 1959.


Attorney(s) appearing for the Case

Roy M. Cohn for petitioner.

Edward S. Silver, District Attorney, respondent in person (Aaron E. Koota and Rudolph F. Di Blasi of counsel), for respondent.


BENJAMIN BRENNER, J.

Petitioner seeks an order restraining the District Attorney, the respondent herein, from the use of certain records and testimony against the petitioner and for their return. More specifically, he seeks to restrain him from presenting said records and testimony before the Grand Jury for the purpose of obtaining an indictment of petitioner.

Petitioner contends that said testimony...

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