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IN RE GRAND JURY SUBPOENA DUCES TECUM v. STATE

167 N.J. Super. 471 (1979)

401 A.2d 258

IN RE GRAND JURY SUBPOENA DUCES TECUM, HILLTOP PRIVATE NURSING HOME, INC., PLAINTIFF-APPELLANT, v. STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 5, 1979.

Attorney(s) appearing for the Case

Mr. Leonard A. Coyle argued the cause for appellant (Mr. Robert H. Howland, on the brief).

Mr. David S. Lieberman, Deputy Attorney General, argued the cause for respondent (Mr. John J. Degnan, Attorney General, attorney; Mr. Harvey Z. Werblowsky, Deputy Attorney General, of counsel and on the brief).

Before Judges ALLCORN and SEIDMAN.

PER CURIAM.

Appellant questions the "validity of the State Grand Jury subpoena duces tecum," on the ground that "no proofs of any kind were submitted [by the State] to the court to sustain [its] validity." The contention is not well taken.

Where, as here, the validity of a grand jury subpoena duces tecum is challenged, the State need establish preliminarily merely (1) the existence of a grand jury investigation and (2) the nature and subject matter...

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