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MATTER OF GRAND JURY SUBPOENA DUCES TECUM SERVED (MUSEUM OF ART)

253 A.D.2d 211 (1999)

688 N.Y.S.2d 3

In the Matter of The Grand Jury Subpoena Duces Tecum Served on The Museum of Modern Art, Respondent. The People of the State of New York, Appellant

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

March 16, 1999

Attorney(s) appearing for the Case

Mark Dwyer of counsel (Steven Ringer on the brief; Robert M. Morgenthau, District Attorney of New York County, attorney), for appellant.

Richard J. Davis of counsel (Richard A. Rothman, Josh A. Krevitt and Hubert E. Yang on the brief; Weil, Gotshal & Manges, L. L. P., attorneys), for respondent.

Barbara Hoffman of counsel (Jeremy G. Epstein, Margaret A. Helen MacFarlane, Barbara E. Rosenberg and Laurelyn E. Douglas on the brief), for Association of the Bar of the City of New York, Committee on Art Law, amicus curiae.

SULLIVAN, J. P., WALLACH and MAZZARELLI, JJ., concur.

ANDRIAS, J.

The issue presented is whether the Legislature, in enacting what is known as the New York Exemption from Seizure Law (Arts and Cultural Affairs Law § 12.03), intended it to affect criminal proceedings. Here, a New York County Grand Jury empaneled to conduct a criminal investigation issued a subpoena duces tecum to The Museum of Modern Art ordering its appearance as a witness before the Grand...

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