MATTER OF FUHRER v. HYNES


72 A.D.2d 813 (1979)

In the Matter of Jacob Fuhrer, Appellant, v. Charles J. Hynes, as Deputy Attorney-General of The State of New York, Respondent

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

November 26, 1979


Order affirmed, without costs or disbursements, on the opinion of Mr. Justice Barlow at Criminal Term.

We further note that for the defense of justification to apply, the impending injury (here the alleged loss of appellant's ministry) must clearly outweigh the injury sought to be prevented by statute (here the loss of Grand Jury testimony) (see Penal Law, § 35.05). The balance between similar First Amendment claims and the compelling State interest in criminal...

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