MTR. OF SECOND REPORT OF GRAND JURY


26 N.Y.2d 200 (1970)

In the Matter of the Second Report of the November, 1968 Grand Jury of the County of Erie. Two Employees Named in the Above-Entitled Report, Appellants; District Attorney of the County of Erie, Respondent.

Court of Appeals of the State of New York.

Decided March 5, 1970.


Attorney(s) appearing for the Case

Michael T. Sullivan, Jr., Carol Eve Casher and William J. Cunningham, Jr. for appellants.

Michael F. Dillon, District Attorney (Peter J. Notaro of counsel), for respondent.

Judges SCILEPPI, BERGAN and GIBSON concur with Chief Judge FULD; Judge BURKE dissents in part in a separate opinion and votes to reverse and remit the matter of the County Court with directions that the report of the Grand Jury be forever sealed; Judge BREITEL dissents and votes to dismiss the appeals in a separate opinion in which Judge JASEN concurs.


Chief Judge FULD.

The appellants challenge the constitutionality of section 253-a of the Code of Criminal Procedure, the statute which authorizes the grand jury to submit a report to the court concerning noncriminal misconduct or neglect in office by a public officer or employee.

The appeal is properly before us, whether the proceeding under section 253-a be regarded as criminal or civil.

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