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PEOPLE v. AVANT

33 N.Y.2d 265 (1973)

The People of the State of New York, Respondent, v. Frederick Avant and Margaret Avant, Appellants.

Court of Appeals of the State of New York.

Decided December 28, 1973.

Attorney(s) appearing for the Case

Paul E. Cheeseman for appellants.

Arnold W. Proskin, District Attorney (John A. Williamson, Jr. of counsel), for respondent.

Louis J. Lefkowitz, Attorney-General (William J. Kogan and Ruth Kessler Toch of counsel), in his statutory capacity under section 71 of the Executive Law.

Chief Judge FULD and Judges BURKE and JONES concur with Judge WACHTLER; Judge BREITEL concurs in a separate opinion in which Judges JASEN and GABRIELLI concur.

WACHTLER, J.

The defendants are public contractors. In 1969 they entered into a contract with the City of Albany to perform snow removal services during the winter of 1969-1970. In March of 1971, they were subpoenaed to appear and produce certain business records before the Albany County Grand Jury investigating the purchasing practices of the City of Albany. They appeared, executed a limited waiver of immunity...

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