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PEOPLE v. MCGRATH

57 A.D.2d 405 (1977)

The People of the State of New York, Respondent, v. Edward McGrath, Appellant

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

May 31, 1977

Attorney(s) appearing for the Case

Herald Price Fahringer (Barbara J. Davies with him on the brief), attorney for appellant.

Edward Agnew McDonald of counsel (Peter L. Zimroth with him on the brief; Robert M. Morgenthau, District Attorney), for respondent.

MURPHY, P. J., EVANS, CAPOZZOLI and MARKEWICH, JJ., concur.

LUPIANO, J.

On February 20, 1973, defendant appeared as a witness before a Grand Jury and was granted transactional immunity. Defendant inquired if any of the questions to be asked were based on evidence acquired through any form of electronic surveillance, to which the Assistant District Attorney responded: "[I]t is anticipated that some of the questions which will be asked of you * * * may be derived from electronic...

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