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MTR. SUSSMAN v. NY STATE OCTF

39 N.Y.2d 227 (1976)

In the Matter of Sidney Sussman, as Chairman of the Board of the Sullivan County Harness Racing Association, et al., Respondents, v. New York State Organized Crime Task Force et al., Appellants. (And Another Proceeding.)

Court of Appeals of the State of New York.

Decided April 1, 1976.

Attorney(s) appearing for the Case

Maxwell B. Spoont, Acting Deputy Attorney-General in Charge of the Organized Crime Task Force (Seale W. Tuttle of counsel), for appellants.

Herald Price Fahringer and John S. McBride for respondents.

Chief Judge BREITEL and Judges WACHTLER and FUCHSBERG concur with Judge JONES; Judge JASEN dissents and votes to reverse in a separate opinion; Judges GABRIELLI and COOKE taking no part.

JONES, J.

We hold that under subdivision 4 of section 70-a of the Executive Law there must be a showing that the matters under investigation involve multicounty "organized crime activities" to authorize the issuance of office subpoenas by the Deputy Attorney-General in charge of the Organized Crime Task Force, and that as so interpreted the statute is constitutional...

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