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People v. Doe

40 A.D.2d 627 Court N.Y. App. Div. Decision date 1972-09-27 English

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p. 627
The People of the State of New York v. John Doe. (William M. Kunstler.)

tler.) by William M. Kunstler denied. Memorandum: No appeal lies from an order denying a motion to quash or modify a subpoena issued in the course of a Grand Jury investigation, nor from an order denying a stay of enforcement of the subpoena. (Matter of Ryan [Hogan], 306 N. Y. 11 , 16; Matter of Turecamo Constr. Co., 260 App. Div. 253 , 255.) Further, no proceeding is pending in this court upon which to base an application for a stay. Moreover, movant may protect his alleged privilege, if any, upon the examination, at which time the merits thereof may be better examined and determined. Present — Goldman, P. J., Del Vecchio, Marsh, Cardamone and Henry, JJ. (Order entered Sept. 21,1972.)

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