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In re Spevack

16 N.Y.2d 1048 Court N.Y. Decision date 1965-12-01 English

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p. 1048
In the Matter of Samuel Spevack, an Attorney, Appellant. Solomon A. Klein, Respondent.
Argued November 23, 1965;
decided December 1, 1965.
p. 1050
Bernard Shatzkin for appellant.
Solomon A. Klein, respondent in person.
Herman B. Gerringer for New York State Association of Trial Lawyers, amicus curies.
Emanuel Redfield for New York Civil Liberties Union, amicus curies.

Order affirmed on the authority of Cohen v. Hurley ( 366 U. S. 117 ) and on the further ground that the Fifth Amendment privilege does not apply to a demand, not for oral testimony, but that an attorney produce records required by law to be kept by him (Davis v. United States, 328 U. S. 582 ; Shapiro v. United States, 335 U. S. 1 ).

Motion for stay denied.

Concur: Chief Judge Desmond and Judges Dye, Van Voorhis, Burke, Soilefpi and Bergan. Judge Fuld concurs in the following memorandum: Although I still adhere to the views I expressed in dissent in Matter of Cohen (Hurley) ( 7 N Y 2d 488 , affd. sub nom. Cohen v. Hurley, 366 U. S. 117 ), I deem myself concluded by that decision and, accordingly, concur for affirmance. (But cf. Malloy v. Hogan, 378 U. S. 1 .)

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