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Grossman v. Monroe County District Attorney

Citations: 231 A.D.2d 968; 648 N.Y.S.2d 71; 1996 N.Y. App. Div. LEXIS 11043

Court: Appellate Division of the Supreme Court of the State of New York; September 27, 1996; New York; State Appellate Court

Narrative Opinion Summary

Motion for permission to proceed as a poor person and assignment of counsel has been denied. The memorandum states that the appeal lacks merit. It clarifies that CPL 190.25 does not permit the release of Grand Jury testimony at the request of the witness who provided that testimony. Instead, CPL 190.25 (4.a) only allows a witness to disclose their own Grand Jury testimony. The decision was concurred by Justices Green (J.P.), Lawton, Callahan, Doerr, and Balio.

Legal Issues Addressed

Disclosure of Grand Jury Testimony

Application: The court clarified that CPL 190.25 does not permit the release of Grand Jury testimony at the request of the witness who provided that testimony.

Reasoning: It clarifies that CPL 190.25 does not permit the release of Grand Jury testimony at the request of the witness who provided that testimony.

Permission to Proceed as a Poor Person

Application: The court denied the motion for permission to proceed as a poor person and assignment of counsel, finding the appeal to lack merit.

Reasoning: Motion for permission to proceed as a poor person and assignment of counsel has been denied. The memorandum states that the appeal lacks merit.

Witness's Right to Disclose Own Testimony

Application: Under CPL 190.25 (4.a), a witness is allowed to disclose their own Grand Jury testimony.

Reasoning: Instead, CPL 190.25 (4.a) only allows a witness to disclose their own Grand Jury testimony.