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Roberson v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Jul 2, 1990
163 A.D.2d 291 (N.Y. App. Div. 1990)

Opinion

July 2, 1990

Appeal from the Supreme Court, Kings County (Dowd, J.).


Ordered that the order is affirmed insofar as appealed from, with costs.

In this action, the plaintiff Ruth Roberson seeks damages for personal injuries arising out of an alleged assault on premises owned by the defendant New York City Housing Authority (hereinafter the Authority). In connection with its defense of this action, the Authority moved, inter alia, to compel disclosure of the Grand Jury minutes pertaining to the indictment of the plaintiff's alleged assailant. In support of its application, the Authority asserted that the disclosure sought was "important for the proper defense of this action". Leave to inspect the Grand Jury minutes was also sought "to determine and evaluate what the plaintiff * * * said regarding the happening of [the] occurrence and additionally in order that the grand jury minutes could be used for purpose of impeachment and to refresh the recollection of the plaintiff * * * or for the limited purpose of leading hostile witnesses".

A "strong presumption of confidentiality" applies to Grand Jury proceedings (Ruggiero v. Fahey, 103 A.D.2d 65, 70; see also, CPL 190.25). Nevertheless, the rule of secrecy is not absolute and, in the discretion of the trial court, disclosure may be directed when, after a balancing of a public interest in disclosure against the rule of secrecy, the former outweighs the latter (People v. Di Napoli, 27 N.Y.2d 229, 235). But since disclosure is "the exception rather than the rule", one seeking disclosure first must demonstrate a compelling and particularized need for access (Pitler, New York Criminal Practice Under the CPL § 5.7, at 236). "However, just any demonstration will not suffice. For it and the countervailing policy ground it reflects must be strong enough to overcome the presumption of confidentiality. In short, without the initial showing of a compelling and particularized need, the question of discretion need not be reached, for then there simply would be no policies to balance" (Matter of District Attorney of Suffolk County, 58 N.Y.2d 436, 444).

The general and conclusory allegations put forward by the Authority in support of its application do not satisfy the "threshold requirement of showing a compelling and particularized need for the Grand Jury testimony requested" (Ruggiero v. Fahey, 103 A.D.2d 65, supra, at 72; see also, Melendez v. City of New York, 109 A.D.2d 13). Accordingly, the Supreme Court properly denied the Authority's application for disclosure of the Grand Jury minutes. Eiber, J.P., Sullivan, Balletta and Miller, JJ., concur.


Summaries of

Roberson v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Jul 2, 1990
163 A.D.2d 291 (N.Y. App. Div. 1990)
Case details for

Roberson v. City of New York

Case Details

Full title:RUTH ROBERSON, Plaintiff, v. CITY OF NEW YORK, Defendant, and NEW YORK…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 2, 1990

Citations

163 A.D.2d 291 (N.Y. App. Div. 1990)
557 N.Y.S.2d 431

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