IN THE MATTER OF STEPHEN F. LUNGEN, AS DISTRICT ATTORNEY OF SULLIVAN COUNTY,
APPELLANT, v. ANTHONY T. KANE, AS JUDGE OF THE SULLIVAN COUNTY COURT, ET AL.,
RESPONDENTS.
88 N.Y.2d 861, 666 N.E.2d 1360, 644 N.Y.S.2d 487 (1996).
May 2, 1996
3 No. 103(1996 NY Int. 107)
Decided May 2, 1996
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This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Stephen F. Lungen, for Appellant.
Gary Greenwald, for Respondent McMahon.
MEMORANDUM:
The judgment of the Appellate Division should be affirmed, without
costs.
The Sullivan County District Attorney seeks prohibition, pursuant to
CPLR article 78, against enforcement of a County Court order requiring
limited disclosure of Grand Jury minutes. Underlying this controversy
is the direction for disclosure of the testimony of specified
witnesses before a Sullivan County Grand Jury to a County Court Judge
of Orange County. The limited in camera transfer was ordered pursuant
to CPL 190.25(4)(a) (see also, Matter of District Attorney of Suffolk
County, 58 NY2d 436, 444; People v Di Napoli, 27 NY2d 229, 234).
The Appellate Division dismissed the District Attorney's prohibition
petition, ultimately concluding that the disclosure was proper. We
granted leave to appeal and now affirm solely on the ground that the
extraordinary prohibition remedy does not lie in the procedural
setting and circumstances of this case.
This dispute concerns criminal charges lodged in the neighboring
counties of Sullivan and Orange against two defendants for multiple
counts of burglary, larceny and other offenses. Evidence was acquired
from defendants' premises in Sullivan County pursuant to a search
warrant. One defendant moved for release of the Sullivan County Grand
Jury minutes for use in a suppression hearing under the Orange County
indictment. County Court in Sullivan County granted the motion and
directed that the Grand Jury testimony of two witnesses be disclosed
to the County Court in Orange County. The Sullivan County District
SNIPPETS:
IN THE MATTER OF STEPHEN F. LUNGEN, AS DISTRICT ATTORNEY OF SULLIVAN COUNTY,
This memorandum is uncorrected and subject to revision before publication in the New York
Stephen F. Lungen, for Appellant.
The Sullivan County District Attorney seeks prohibition, pursuant to CPLR article 78, against
Underlying this controversy is the direction for disclosure of the testimony of specified
The limited in camera transfer was ordered pursuant to CPL 190.25(see also, Matter of
We granted leave to appeal and now affirm solely on the ground that the extraordinary
This dispute concerns criminal charges lodged in the neighboring counties of Sullivan and
County Court in Sullivan County granted the motion and directed that the Grand Jury testimony
The Sullivan County District Attorney seeks to protect the confidentiality of the Grand Jury
Prohibition, however, because of its extraordinary nature, "is available only where there is
In this case, the trial court acted within its prescribed powers under CPL 190.25, "upon
When that threshold is met, the trial court must weigh factors to assess the competing public
Because the trial court order is plainly within the conferred power and jurisdiction under
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