MATTER OF RUSH v. MORDUE


68 N.Y.2d 348 (1986)

In the Matter of Anthony Rush, Respondent, v. Norman Mordue, as County Court Judge for the County of Onondaga, et al., Appellants.

Court of Appeals of the State of New York.

Decided November 18, 1986.


Attorney(s) appearing for the Case

Richard A. Hennessy, Jr., District Attorney (John A. Cirando and Maureen A. MacPherson of counsel), for appellants.

Langston C. McKinney for respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE and TITONE concur; Judge HANCOCK, JR., taking no part.


ALEXANDER, J.

Where a witness is called before a Grand Jury and, without having executed a waiver of immunity, gives testimony concerning the truthfulness of a prior sworn statement and disavows that prior statement as having been false when given, transactional immunity resulting from the compelled testimony is acquired with respect to that prior statement, and the...

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