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, a suicide note left by Dr. Rosen for his wife, is fully protected by the marital privilege, barring both disclosure of its contents and any forensic examination for deletions. It also held that the attorney‑client privilege attaches to Tape No. 2, but that Dr. Rosen’s Fifth Amendment privilege may apply only if the tape is found to be in his actual or constructive possession, requiring a further hearing; the appellate order was modified and the matter remanded for that determination. Justice Jasen concurred in part and dissented in part, agreeing on Tape 1 but arguing the court should not quash the subpoena for Tape 2.