New York Court of Appeals March 29, 1983 (Morgenthau v. Altman)

Simons, J.

(dissenting). Respondent Futia, after demanding an opportunity to testify before the Grand Jury investigating his conduct (see CPL 190.50, subd 5, par [a]), obtained an order from respondent Justice Altman requiring petitioner, the District Attorney of New York County, to establish a prima facie case before he testified.