PEOPLE v. RALLO


39 N.Y.2d 217 (1976)

The People of the State of New York, Respondent, v. Vincent J. Rallo, Vincent A. Verrone, Joseph J. Rallo and Franklin Rallo, Appellants. (And Eight Other Actions.)

Court of Appeals of the State of New York.

Decided April 1, 1976.


Attorney(s) appearing for the Case

Thomas G. Presutti and Anthony F. Leonardo, Jr., for Vincent J. Rallo, Joseph J. Rallo and Franklin Rallo, appellants.

Norman A. Palmiere and Herald Price Fahringer for Vincent A. Verrone, appellant.

Charles F. Crimi for Lawrence D. Chesler, appellant.

Maxwell B. Spoont, Acting Deputy Attorney-General in Charge of the Organized Crime Task Force (John P. Mansour of counsel), for respondent.

Chief Judge BREITEL and Judges WACHTLER, FUCHSBERG and COOKE concur with Judge JONES; Judge JASEN concurs in result in a separate opinion; Judge GABRIELLI taking no part.


JONES, J.

We hold that, if the requirements set forth in subdivision 7 of section 70-a of the Executive Law are met, there need be no showing of "organized crime activity" to authorize the Deputy Attorney-General in charge of the Organized Crime Task Force to appear before a Grand Jury. We thus differentiate sharply from the showing prerequisite to the issuance of office...

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