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MATTER OF BENJAMIN S.

55 N.Y.2d 116 (1982)

In the Matter of Benjamin S., Respondent. Edward J. Kuriansky, as Deputy Attorney-General, Appellant.

Court of Appeals of the State of New York.

Decided February 18, 1982.

Attorney(s) appearing for the Case

Edward J. Kuriansky, Deputy Attorney-General (Arthur G. Weinstein and Richard D. Carruthers of counsel), for appellant.

David G. Richenthal and George P. Birnbaum for respondent.

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

GABRIELLI, J.

Petitioner moved to quash or modify a Grand Jury subpoena issued by a Queens County Grand Jury, on the basis of a promise allegedly made to him by a Special Assistant Attorney-General as part of a plea bargaining agreement. Supreme Court and the Appellate Division both held that the plea bargaining promise should be enforced, each basing the result on differing reasoning. Because the alleged promise...

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