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MATTER OF HEISLER v. HYNES

42 N.Y.2d 250 (1977)

In the Matter of Clara Heisler, Appellant, v. Charles J. Hynes, as Deputy Attorney-General of the State of New York, Respondent.

Court of Appeals of the State of New York.

Decided July 7, 1977.

Attorney(s) appearing for the Case

Robert A. Goldschlag and Jack S. Hoffinger for appellant.

Charles J. Hynes, Deputy Attorney-General (T. James Bryan of counsel), for respondent.

Chief Judge BREITEL and Judges GABRIELLI, JONES and WACHTLER concur with Judge FUCHSBERG; Judge JASEN dissents in part and votes to affirm in a separate opinion in which Judge COOKE concurs.

FUCHSBERG, J.

The sole issue on this appeal is whether a Grand Jury subpoena duces tecum may be used to compel a witness to surrender possession of records or other property to a prosecutor for independent examination outside the presence of the Grand Jury.

Clara Heisler, the petitioner, is one of the operators of the Oceanview Nursing Home. The Special Prosecutor1 issued...

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