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PEOPLE v. McGRATH

46 N.Y.2d 12 (1978)

The People of the State of New York, Appellant, v. Edward McGrath, Respondent. In the Matter of Ugo Mancini, Respondent, v. Michael J. Codd, as Police Commissioner of the City of New York, Appellant.

Court of Appeals of the State of New York.

Decided November 30, 1978.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Peter L. Zimroth and Edward Agnew McDonald of counsel), for appellant in the first above-entitled case.

Herald Price Fahringer, Paul J. Cambria and Barbara J. Davies for respondent in the first above-entitled case.

Allen G. Schwartz, Corporation Counsel (L. Kevin Sheridan and Laurence B. Jones of counsel), for appellant in the second above-entitled case.

Robert A. Goldschlag and Jack S. Hoffinger for respondent in the second above-entitled case.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

JASEN, J.

Today, this court finds itself engaged in the not altogether foreign task of attempting to demarcate the seemingly inexhaustible reach of the exclusionary rule. More specifically, in the first of two cases, People v McGrath, the question presented is whether in a criminal contempt proceeding the Fourth Amendment requires suppression of a defendant's testimony before the Grand Jury as the fruit...

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