MATTER OF WBAI-FM v. PROSKIN


42 A.D.2d 5 (1973)

In the Matter of WBAI-FM, Appellant, v. Arnold W. Proskin, as District Attorney of Albany County, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 7, 1973.


Attorney(s) appearing for the Case

Rhonda Copelon Schoenbrod and Peter Weiss for appellant.

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

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

HERLIHY, P. J., GREENBLOTT, MAIN and REYNOLDS, JJ., concur in Per Curiam opinion; COOKE, J., dissents and votes to reverse in a separate opinion.


Per Curiam.

This is an appeal from an order of the County Court of Albany County, entered December 10, 1971, which denied appellant's motion to quash a subpoena duces tecum.

On September 17, 1971 appellant, a radio station located in New York City, received an anonymous telephone call. The caller stated that a letter, advising of an imminent bomb threat, had been placed in a nearby phone booth. An employee of...

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