In the Matter of Samuel Spevack, an Attorney, Appellant. Solomon A. Klein, Respondent.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued November 23, 1965.
Decided December 1, 1965.
Attorney(s) appearing for the Case
Bernard Shatzkin for appellant.
Solomon A. Klein, respondent in person.
Herman B. Gerringer for New York State Association of Trial Lawyers, amicus curiae.
Emanuel Redfield for New York Civil Liberties Union, amicus curiae.
Concur: Chief Judge DESMOND and Judges DYE, VAN VOORHIS, BURKE, SCILEPPI and BERGAN. Judge FULD concurs in the following memorandum: Although I still adhere to the views I expressed in dissent in Matter of Cohen (Hurley) (, affd. sub nom. Cohen v. Hurley, ), I deem myself concluded by that decision and, accordingly, concur for affirmance. (But cf. Malloy v. Hogan, .)
Court of Appeals of the State of New York.
Order affirmed on the authority of Cohen v. Hurley (366 U.S. 117) and on the further ground that the Fifth Amendment privilege does not apply to a demand, not for oral testimony, but that an attorney produce records required by law to be kept by him (Davis v. United States, 328 U.S. 582; Shapiro v. United States, 335 U.S. 1).
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