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JAN. 1979 GRAND JURY v. DOE

50 N.Y.2d 14 (1980)

In the Matter of Additional January 1979 Grand Jury of the Albany Supreme Court, Respondent, v. Jane Doe, Appellant.

Court of Appeals of the State of New York.

Decided April 1, 1980.

Attorney(s) appearing for the Case

Arthur H. Grae and James M. Rose for appellant.

Charles J. Hynes, Deputy Attorney-General (Arthur Weinstein of counsel), for respondent.

Chief Judge COOKE and Judge GABRIELLI concur with Judge JASEN; Judge WACHTLER concurs in result in a separate opinion; Judge FUCHSBERG dissents and votes to reverse in another opinion in which Judges JONES and MEYER concur.

JASEN, J.

On this appeal, we are asked to review an order directing a Grand Jury witness to answer questions propounded by a Special Assistant Attorney-General in proceedings being conducted by him pursuant to an executive order of superseder which defines the subject matter of the Attorney-General's authority only by reference to a numbered file of a pending investigation...

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