New York Court of Appeals

In the Matter of Alex Di Brizzi, Joseph M. Proskauer, as Members of the New York State Crime Commission

July 11, 1951303 N.Y. 206

Summary

The New York Court of Appeals affirmed the lower courts, holding that the subpoenas issued by the Governor‑appointed Crime Commission were lawful and within the authority granted by Executive Law § 62, subdivision 8, and that the investigation did not violate the petitioner's constitutional rights. Justice Dye dissented, arguing the commission lacked statutory authority and that the subpoena power infringed due process, while Justice Fuld concurred, emphasizing the Governor’s clear authority under the Executive Law.