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MATTER OF KEENAN v. GIGANTE

64 A.D.2d 585 (1978)

In the Matter of Deputy Attorney-General, John F. Keenan, Special State Prosecutor, v. Louis R. Gigante, Appellant

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

July 20, 1978

Branzburg v Hayes (408 U.S. 665) is dispositive of appellant's claim of privilege. Although confronted with a freedom of the press issue, the court in Branzburg explicitly held that the only constitutionally protected testimonial privilege for unofficial witnesses is the Fifth Amendment right against compulsory self incrimination (pp 689-690). There is no privilege, common-law or statutory, which invests a clergyman's ministry...

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