MATTER OF A & M


61 A.D.2d 426 (1978)

In the Matter of the Application of A and M, Respondents, for an Order Quashing Subpoenas The People of the State of New York, Appellant, v. John Doe, Respondent

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

March 1, 1978


Attorney(s) appearing for the Case

Edward C. Cosgrove, District Attorney (Judith B. Manzella and Nancy A. Piggush of counsel), for appellant.

Runfola, Birzon & Renda (Paul I. Birzon of counsel), for respondents.

CARDAMONE, J. P., SIMONS, DILLON and WITMER, JJ., concur.


DENMAN, J.

We are confronted with an issue involving significant competing interests: whether the State, in the exercise of its duty to seek criminal evidence, may compel the parents of a minor child to testify before a Grand Jury concerning admissions by the child which were made in confidence. This issue is, we believe, one of first impression in this State.

The District Attorney of Erie County is conducting...

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