MATTER OF KEENAN v. GIGANTE


47 N.Y.2d 160 (1979)

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

Court of Appeals of the State of New York.

Decided May 8, 1979.


Attorney(s) appearing for the Case

Barry Ivan Slotnick and Jay L. T. Breakstone for appellant.

John F. Keenan, Deputy Attorney-General, as Special State Prosecutor (Thomas A. Duffy, Jr., Mark M. Baker and Michael Shapiro of counsel), for respondent.

Lawrence X. Cusack, Joseph E. Moukad and Dennis J. Dempsey for Roman Catholic Archdiocese of New York, amicus curiae.

Chief Judge COOKE and Judges JONES, WACHTLER and FUCHSBERG concur with Judge JASEN; Judge GABRIELLI taking no part.


JASEN, J.

We are called upon in this case to balance the weighty considerations of society's right to expose criminal improprieties within the New York City Department of Correction and a priest's solemn obligation to assist those who beckon for his guidance and help in the utmost confidence.

These are the pertinent facts. At the direction of the Extraordinary Special and Trial Term Grand Jury of New...

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