MATTER OF WBAI-FM


68 Misc.2d 355 (1971)

In the Matter of a Grand Jury Subpoena Duces Tecum, Served Upon WBAI-FM.

County Court, Albany County.

November 29, 1971


Attorney(s) appearing for the Case

Arnold Proskin, District Attorney (Ira Mendleson of counsel), for Albany County. Rhonda Copelon Schoenbrod for WBAI-FM.


MARTIN SCHENCK, J.

This is a motion for an order pursuant to CPLR 2304 to quash a subpoena duces tecum. The motion is made in reliance upon section 79-h of the Civil Rights Law. Both parties hereto concede this to be a case of first impression. No authorities, even by way of strong analogy, are cited. The essence of subdivision (b) of section 79-h is to the effect that no professional journalist or newscaster...

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