Hynes v. Lerner
Opinion of the Court
Order, Supreme Court, Bronx County, entered January 25, 1977, denying respondent-appellant’s motion to quash a subpoena duces tecum, and ordering the said respondent to leave the subpoenaed books and records with the Grand Jury, unanimously affirmed, without costs and without disbursements. The subpoena in issue was in connection with the ongoing investigation of nursing homes. (See Matter of Maison & Co. v Hynes, 50 AD2d 13; Matter of L & S Hosp. & Institutional Supplies Co. v Hynes, 51 AD2d 515.) The respondent has been indicted on kickback charges and, among other things, contends that the purpose of the subpoena is to help the Special Prosecutor prepare for trial. However, the subpoena is directed toward other possible violations of the criminal law. As was recently stated by Mr. Justice Joseph Jaspan: "After a defendant has been indicted, a prosecutor may not use a Grand Jury for the purpose of securing additional information or freezing testimony in and of the prospective trial (United States v Fisher, 455 F2d 1101; Matter of National Window Glass Workers, 287 F 219) but a good faith inquiry into other charges within the scope of the prosecutor’s authority is not prohibited even if it were to incidentally produce some additional evidence in the pending case. (United States v Pack, 150 F Supp 262; United States v Dardi, 330 F2d 316, cert den 379 US 845.)” (People v Donaudy, 87 Misc 2d 787, 792; see, also, United
Case-law data current through December 31, 2025. Source: CourtListener bulk data.