New York Court of Appeals
In the Matter of the Bronx County Grand Jury Investigation Into the Attempted Murder of Clara Vanderbilt. Jonathan…
July 1, 198257 N.Y.2d 66
Summary
The Court held that Tape No. 1 is fully protected by the marital privilege and may not be disclosed or examined, and that Tape No. 2 is covered by the attorney‑client privilege but its Fifth Amendment protection depends on whether it returned to Dr. Rosen’s possession, remanding the issue for further hearing. Judge Jasen concurred in the marital‑privilege holding but dissented on the treatment of Tape 2, arguing the subpoena should not be quashed.