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MATTER OF VANDERBILT (ROSNER — HICKEY)

57 N.Y.2d 66 (1982)

In the Matter of the Bronx County Grand Jury Investigation into the Attempted Murder of Clara Vanderbilt. Jonathan L. Rosner, Individually and as Attorney for Richard G. Rosen, et al., Appellants-Respondents; Pat Hickey, as Clerk of the Supreme Court of the State of New York, Bronx County, Respondent-Appellant. (And Another Proceeding.)

Court of Appeals of the State of New York.

Decided July 1, 1982.

Attorney(s) appearing for the Case

Jonathan L. Rosner, appellant-respondent pro se, and for another, appellants-respondents.

Mario Merola, District Attorney (Steven R. Kartagener and Alan D. Marrus of counsel), for respondent-appellant.

Judges JONES, WACHTLER, FUCHSBERG and MEYER concur with Chief Judge COOKE; Judge JASEN concurs in part and dissents in part and votes to modify in a separate opinion; Judge GABRIELLI taking no part.

Chief Judge COOKE.

The marital privilege may protect from discovery a tape recording left to one spouse by the other, even though the tape apparently was prepared in contemplation of suicide. Having attached, the marital privilege also precludes examining the tape for deletions or erasures. In addition, a tape recording having left the maker's possession, but which is regained without disclosure of its contents...

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