MELENDEZ v. CITY OF NEW YORK


109 A.D.2d 13 (1985)

Hector Melendez and Others, by Their Mother and Natural Guardian, Rose Guinan-Melendez, Respondents, v. City of New York, Respondent, and Robert M. Morgenthau, as District Attorney of New York County, Appellant

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

June 4, 1985


Attorney(s) appearing for the Case

Vija Kemanis of counsel (Amyjane Rettew with her on the brief; Robert M. Morgenthau, District Attorney, attorney), for appellant.

Karen Hutson of counsel (Fay Leoussis with her on the brief; Frederick A. O. Schwarz, Jr., Corporation Counsel, attorney), for City of New York, respondent.

John F. Nash of counsel (Lipsig, Sullivan & Liapakis, P. C., attorney), for Hector Melendez and others, respondents.

KUPFERMAN, J. P., SANDLER and BLOOM, JJ., concur.


KASSAL, J.

The issue is whether, under the facts of this case, the court properly directed disclosure of: (1) testimony presented to the Grand Jury by the plaintiff and his wife, (2) testimony given by a police officer employed by defendant City of New York, and (3) a statement by the police officer tape-recorded by the District Attorney's office in connection with the Grand Jury proceedings.

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