District Attorney of Niagara County v. Ruben — 156 A.D.2d 981

Majority

p. 981

District Attorney of Niagara County, Respondent, v Arnold Ruben, Appellant.

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.

Cases cited

In re District Attorney 58 NY2d 436 N.Y. 1983-03-31 at 444-446 p. 981
Ruggiero v. Fahey 103 AD2d 65 N.Y. App. Div. 1984-07-23 at 70-71 p. 981
In re Corporation Counsel of the City of Buffalo 61 AD2d 32 N.Y. App. Div. 1978-01-20 at 36 p. 981