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PEOPLE v. EINHORN

35 N.Y.2d 948 (1974)

The People of the State of New York, Appellant, v. Gerald Einhorn, Respondent.

Court of Appeals of the State of New York.

Decided December 20, 1974.

Attorney(s) appearing for the Case

Richard H. Kuh, District Attorney (Lewis R. Friedman of counsel), for appellant.

Stanley M. Meyer and Ira D. London for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS concur in a Per Curiam opinion.

Per Curiam.

A Grand Jury witness need not answer questions based on information obtained as the result of illegal wiretapping (U. S. Code, tit. 18, § 2515). Nor may the contempt power be used to compel such testimony or punish the witness for his silence. The claim of illegal wiretapping, if sustained, constitutes a defense.

However, when the witness raises the objection during the Grand Jury proceeding...

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