MATTER OF BROCKWAY v. MONROE


59 N.Y.2d 179 (1983)

In the Matter of Daniel Brockway, Respondent, v. Donald H. Monroe, as County Judge of the County of Chemung, et al., Appellants.

Court of Appeals of the State of New York.

Decided June 9, 1983.


Attorney(s) appearing for the Case

Bruce Crew III, District Attorney (James T. Hayden of counsel), for appellants.

Gerald A. Keene and Joseph J. Balok, Jr., for respondent.

Chief Judge COOKE and Judges WACHTLER, MEYER and SIMONS concur with Judge JONES; Judge JASEN dissents and votes to reverse in a separate opinion.


JONES, J.

Where the court, the prosecutor, the defense attorney and counsel for the witness have chosen to depart from the normal question-by-question conferral of transactional immunity on a prosecution witness as contemplated by CPL 50.20 and 50.30, and have charted their own course, agreeing that the witness shall receive immunity for all testimony given by him subject only to rulings by the court on objections...

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