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Dist. Attys. (Kevin Dillon, Erie County Dist. Any., of counsel). Buffalo, NY. Russell P. Buscaglia, Asst. U.S. Atty. (Dennis C. Vacco, U.S. Any., W.D.N.Y., of counsel), Buffalo, NY. DECISION AND ORDER ARCARA, District Judge. Presently before the Court is a motion to quash a subpoena duces recum, pu
es in particular cases when to do so would not substantially burden federal policies. See, e.g., Lora v. Board of Education, 74 F.R.D. 565, 576 (E.D.N.Y.); cf. ACLU v. Finch, 638 F.2d 1336. 1342-45 (5th Cir. Unit A Mar. 1981). P146. In their briefs, appellants suggest that the privilege they assert
a privilege, but (2) Florida statute imposing secrecy on grand jury does not create evidentiary privilege. Affirmed in part and dismissed in pan. West Headnotes [1] Criminal Law C=1023(3) 110k1023(3) Grand jury proceeding is not a "civil action" for purposes of statute permitting interlocutory appeals in
Dist. Attys. (Kevin Dillon, Erie County Dist. Atty., of counsel), Buffalo, NY. Russell P. Buscaglia, Asst. U.S. Any. (Dennis C. Vacco, U.S. Atty., W.D.N.Y., of counsel), Buffalo, NY. DECISION AND ORDER ARCARA, District Judge. Presently before the Court is a motion to quash a subpoena duces tecum. pu
ies from obtaining the records through a subpoena. The cases of In re Grand Jury Subpoena for New York State Income Tax Records, 468 F.Supp. 575 (N.D.N.Y.), appeal dismissed, 607 F.24 566 (2d Cir.1979), and In re Grand Jury Subpoena for the Prod. of Certain New York State Sales Tax Records, 382 F
a privilege, but (2) Florida statute imposing secrecy on grand jury does not create evidentiary privilege. Affirmed in pan and dismissed in part. West Headnotes Ill Criminal Law €1023(3) 110k1023(3) Grand jury proceeding is not a 'civil action" for purposes of statute permitting interlocutory appeals in
fendant on appeal following a conviction is a matter of * pro- cedure and does not bearylin live rights."); United States 598 F.Supp. 453, 468 (S.D.N. 9 mo- tion to revoke bail) ("[Defendant's] entitle- ment to bail, and the criteria by which that entitlement will be measured, constitute 'modes
remanded. McKay, Circuit Judge, dissented and filed opinion, in which Seymour, Circuit Judge, joined, also filing a separate dissenting opinion. West Headnotes Ill Bail 49 C=.44(1) 49 Bail 491I In Criminal Prosecutions 49k41 Right to Release on Bail 49k44 Pending Appeal or Other Proceeding for Review
EFTA00182828 Page 18 of 20 908 F.Supp. 1265 908 F.Supp. 1265 (Cite as: 908 F.Supp. 1265) Memorandum of Decision and Order, October 19, 1995 (E.D.N.Y.). In Brechner, a defendant subjec- ted to a similar truthfulness obligation was asked in a debriefing session whether or not he had received unrepo
mise not to prosecute defendant, even though defendant was acquitted on drug charges arising out of incident in question. Reversed and remanded. West Headnotes Criminal Law 110 *C=.42.5(3) 110 Criminal Law 11011 Defenses in General I 10k42 Immunity to One Furnishing Inform- ation or Evidence I 1 0k42.5
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LOCATIONthe Southern District
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