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IN RE SAPERSTEIN

30 N.J. Super. 373 (1954)

104 A.2d 842

IN THE MATTER OF THE APPLICATION OF THE PEOPLE OF THE STATE OF NEW YORK FOR AN ORDER REQUIRING ONE, LOUIS B. SAPERSTEIN, TOGETHER WITH CERTAIN BOOKS AND RECORDS, TO APPEAR AS A WITNESS BEFORE THE GRAND JURY OF THE COUNTY OF NEW YORK, STATE OF NEW YORK. LOUIS B. SAPERSTEIN, APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 19, 1954.

Attorney(s) appearing for the Case

Mr. Maurice J. McKeown, Assistant Prosecutor of Essex County, argued the cause (Mr. Charles V. Webb, Jr., Prosecutor of Essex County, attorney).

Mr. Charles W. Manning, Assistant District Attorney, County of New York, argued the cause (Mr. Frank S. Hogan, District Attorney of the County of New York, attorney; Mr. Frank Brenner, Assistant District Attorney, County of New York, of counsel), for the District Attorney of the County of New York, State of New York.

Mr. Max Mehler argued the cause for the appellant (Mr. Burton B. Turkus, of the New York Bar, on the brief).

Before Judges EASTWOOD, JAYNE and CLAPP.

The opinion of the court was delivered by EASTWOOD, S.J.A.D.

The sole issue of this appeal is whether, under the provisions of N.J.S. 2A:81-18 et seq., a resident of this State, in addition to being directed to appear as a witness in a criminal proceeding in another State, may be required to produce books and records in his possession or under his control.

On February 25, 1954 a certificate, executed by the judge of the Court of General...

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