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PEOPLE v. ROBINSON

98 N.Y.2d 755 (2002)

781 N.E.2d 908

751 N.Y.S.2d 843

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHAKIYA ROBINSON, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRUCE JANSEN, Appellant.

Court of Appeals of the State of New York.

Decided October 22, 2002.

Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender, Rochester (Kathleen McDonough of counsel), for appellant in the first above-entitled action.

Howard R. Relin, District Attorney, Rochester (Arthur G. Weinstein of counsel), for respondent in the first above-entitled action.

Eliot Spitzer, Attorney General, New York City (Bonnie H. Stein, Alyson J. Gill, Robin A. Forshaw, Daniel Smirlock and Caitlin J. Halligan of counsel), for State of New York, amicus curiae in the first above-entitled action.

Edward J. Nowak, Public Defender, Rochester (James Eckert of counsel), for appellant in the second above-entitled action.

Howard R. Relin, District Attorney, Rochester (Patrick H. Fierro of counsel, for respondent in the second above-entitled action.

Before: Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

MEMORANDUM.

In each case, the order of the Appellate Division should be affirmed.

Defendants contend that the Appellate Division violated their appellate due process rights when it denied their requests for access to grand jury minutes. As a threshold matter, a party seeking disclosure of grand jury minutes must establish a compelling and particularized need for them. Only then must the court balance various factors to assess...

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