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MATTER OF NEW YORK COUNTY GRAND JURY (JOHN DOE GRAND JURY TESTIMONY). v. MORGENTHAU

305 A.D.2d 285 (2003)

758 N.Y.S.2d 809

In the Matter of NEW YORK COUNTY GRAND JURY (JOHN DOE GRAND JURY TESTIMONY). AVI MOSKOWITZ, 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 May 22, 2003.

The motion to quash the subpoena was properly denied. Appellant attorney has not established any basis for treating the requested fee information as a privileged communication (see Matter of Priest v Hennessy, 51 N.Y.2d 62 [1980]). There is no issue as to the former client's identity, and the fact that the fee information may constitute evidence that the client committed perjury before the grand jury is not a basis for quashing...

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