District Attorney of Niagara County v. Ruben

156 A.D.2d 981, 550 N.Y.S.2d 868, 1989 N.Y. App. Div. LEXIS 16159

Opinion

Order unanimously reversed on the law without costs and motion denied. Memorandum: County Court abused its discretion in ordering the release of respondent’s Grand Jury testimony to the Niagara County Attorney. The District Attorney did not present a compelling and particularized need for such disclosure (see, CPL 190.25 [4] [a]; Matter of District Attorney of Suffolk County, 58 NY2d 436, 444-446; Ruggiero v Fahey, 103 AD2d 65, 70-71; Matter of Corporation Counsel of City of Buffalo [Cosgrove], 61 AD2d 32, 36). (Appeal from order of Niagara County Court, DiFlorio, J. —release Grand Jury testimony.) Present — Boomer, J. P., Green, Pine, Balio and Lawton, JJ.