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MATTER OF GRAND JURY INVESTIGATION IN NEW YORK COUNTY

287 A.D.2d 287 (2001)

731 N.Y.S.2d 17

In the Matter of GRAND JURY INVESTIGATION IN NEW YORK COUNTY. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Appellant, v. ROBERT M. MORGENTHAU, as District Attorney of New York County, Respondent.

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

Decided October 9, 2001.

In connection with a homicide during which the assailant apparently was bleeding as he fled the scene, the District Attorney's Office subpoenaed several local hospitals, including respondent's affiliates, for medical records to aid in the identification of the assailant. On the basis of eyewitness information, law enforcement authorities had determined that the assailant was a Caucasian male in his 30s or 40s. As such, the subpoenas sought "[a]ny and all records pertaining...

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