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PEOPLE v. SAYAVONG

83 N.Y.2d 702 (1994)

635 N.E.2d 1213

613 N.Y.S.2d 343

The People of the State of New York, Respondent, v. Souvath Sayavong, Appellant.

Court of Appeals of the State of New York.

Decided May 10, 1994.

Attorney(s) appearing for the Case

Donald M. Thompson, Rochester, for appellant.

Donald A. Schneider, District Attorney of Yates County, Penn Yan, for respondent.

Chief Judge KAYE and Judges SIMONS, LEVINE and CIPARICK concur with Judge TITONE; Judge BELLACOSA dissents and votes to affirm in a separate opinion in which Judge SMITH concurs.

TITONE, J.

The Criminal Procedure Law safeguards the secrecy of Grand Jury proceedings by carefully circumscribing the categories of persons who may be present during that function. The question we are called upon to decide here is whether a police investigator who will serve as a fact witness at Grand Jury proceedings concerning the sexual abuse of several children may be present during the children's testimony...

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