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PEOPLE v. NEWMAN

32 N.Y.2d 379 (1973)

The People of the State of New York, Respondent, v. Robert Newman, Appellant.

Court of Appeals of the State of New York.

Decided May 31, 1973.

Attorney(s) appearing for the Case

Thomas R. Newman and Benjamin H. Siff for appellant.

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

St. John Barrett (Dep. Gen. Counsel, Dept. of HEW), Grasty Crews, II (Gen. Counsel, Special Action Office for Drug Abuse Prevention) and Howard Holstein (Dept. of HEW) for the United States of America, amicus curiae.

Louise Lander for MFY Legal Services, Inc., amicus curiae.

Jepemiah S. Gutman for The New York Civil Liberties Union and others, amici curiae.

Judges BURKE, JONES and WACHTLER concur with Chief Judge FULD; Judge BREITEL dissents and votes to affirm in a separate opinion in which Judges JASEN and GABRIELLI concur.

Chief Judge FULD.

The principal question posed by this appeal — one of first impression — is whether the Director of the New York City Methadone Maintenance Treatment Program may validly refuse — when so authorized by the Attorney General of the United States and the Secretary of Health, Education and Welfare (HEW) pursuant to Federal legislation — to comply with a grand jury subpoena...

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