272 N.Y. 473, People v. Doe

• Judge: CRANE, C. J., and LEHMAN, O'BRIEN, HUBBS, CROUCH, LOUGHRAN, and FINCH, JJ., concur.
• Parties: The PEOPLE of the State of New York, Respondent, v. John DOE et al., Defendants; Leo P. Byk, Appellant.
• Citation: 3 N.E.2d 875,272 N.Y. 473
• Docket Number: .
• Court: New York Court of Appeals Court of Appeals
• Date: 08 July 1936

Page 473

272 N.Y. 473

3 N.E.2d 875

The PEOPLE of the State of New York, Respondent,

v.

John DOE et al., Defendants; Leo P. Byk, Appellant.

Court of Appeals of New York.

July 8, 1936

Appeal from an order of the Appellate Division of the Supreme Court in the Second Judicial Department (247 A.D. 324, 286 N.Y.S. 343), entered March 24, 1936, which affirmed an order of a Special Term denying a motion by appellant to vacate or modify a subpoena duces tecum, dated February 24, 1936, issued to the National City Bank of New York requiring the production before the grand jury for the Extraordinary Special and Trial Term of the Supreme Court, then being held in and for the county of Kings, of a transcript of the account of appellant in such bank and of deposit slips from the inception of such account to the date of the subpoena. The grand jury was inquiring into any unlawful acts by any persons in connection with the death of one Samuel Drukman. It was conceded that while the grand jury was functioning, an assistant district attorney, who was officially in attendance upon that body, received a $2,000 check from appellant.

Page 474

Norman Laidhold and William Weisman, both of New York City, for appellant.

Hiram C. Todd, Sp. Asst. Atty. Gen. (Franklin S. Pollak, Sp. Asst. Atty. Gen., and Edward C. Jaegerman, of New York City, of counsel), for the People.

PER CURIAM.

Order affirmed, without costs.

CRANE, C. J., and LEHMAN, O'BRIEN, HUBBS, CROUCH, LOUGHRAN, and FINCH, JJ., concur.