In re Spevack

New York Court of Appeals
In re Spevack, 16 N.Y.2d 1048 (N.Y. 1965)
213 N.E.2d 457; 266 N.Y.S.2d 126; 1965 N.Y. LEXIS 955

In re Spevack

Opinion of the Court

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.)

Reference

Full Case Name
In the Matter of Samuel Spevack, an Attorney, Solomon A. Klein
Status
Published