PEOPLE v. DI NAPOLI


27 N.Y.2d 229 (1970)

The People of the State of New York, Plaintiff, v. Vincent Peter Di Napoli et al., Defendants. In the Matter of New York State Public Service Commission, Respondent. Frank S. Hogan, District Attorney, Respondent; Vincent Peter Di Napoli et al., Appellants.

Court of Appeals of the State of New York.

Argued September 22, 1970.

Decided November 19, 1970.


Attorney(s) appearing for the Case

James F. Dwyer and Robert M. Callagy for appellants.

Kent H. Brown, Robert A. Jablon, Arthur D. Rheingold and Joseph J. Klovekorn for New York State Public Service Commission, respondent.

Frank S. Hogan, District Attorney (Lewis R. Friedman and Michael R. Juviler of counsel), for Frank S. Hogan, respondent.

Manuel Lee Robbins, Peter Megargee Brown, Steve C. Dune, Terence F. Gilheany and Michael A. McManus, Jr. for Grand Jury Association of New York County, Inc., amicus curiae.

William B. Pennell, Harry J. Arnold, Jr. and Allen C. Seward, III for Consolidated Edison of New York, Inc., amicus curiae.

Judges BERGAN, BREITEL, JASEN and GIBSON concur with Chief Judge FULD; Judge SCILEPPI dissents and votes to reverse in a separate opinion in which Judge BURKE concurs.


Chief Judge FULD.

We are called upon to decide whether the courts below were warranted in authorizing the Public Service Commission to inspect the grand jury minutes in a proceeding long concluded.

In 1966, the District Attorney of New York County embarked on an investigation of alleged rigged bidding among a number of construction companies in connection with contracts let by the Consolidated Edison...

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