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IN RE GRAND JURY SUBPOENA DUCES TECUM DATED JAN. 2, 1985

No. M-11-188 (DNE).

605 F.Supp. 839 (1985)

In re GRAND JURY SUBPOENA DUCES TECUM DATED JANUARY 2, 1985 (Robert M. Simels, Esq.). Donald PAYDEN, Intervenor, v. UNITED STATES of America, Respondent.

United States District Court, S.D. New York.

March 11, 1985.

Attorney(s) appearing for the Case

Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., So. Dist. of N.Y., John K. Carroll, Stuart E. Abrams, Rhea Kemble Brecher, Asst. U.S. Attys., New York City, of counsel, for respondent.

Obermaier, Morvillo & Abramowitz, P.C., Elkan Abramowitz,* New York City, of counsel, and Robert M. Simels, P.C., Robert M. Simels, New York City, of counsel, for defendant-intervenor Donald Payden.

Committee on Criminal Advocacy of the Ass'n of the Bar of the City of N.Y., amicus curiae, Gerald B. Lefcourt, New York City, of counsel.

New York Civil Liberties Union, amicus curiae, Richard Emery, New York City, of counsel.

National Ass'n of Criminal Defense Lawyers, amicus curiae, Merrill N. Rubin and Alan Silber, New York City, of counsel.

N.Y. Criminal Bar Ass'n, amicus curiae, Herman Kaufman, New York City, of counsel.

EDELSTEIN, District Judge:

This motion involves a subpoena duces tecum issued by the Grand Jury on January 2, 1985 to Robert M. Simels, Esq. ("Simels"), counsel for defendant Donald Payden ("Payden"), to appear before the Grand Jury and disclose certain information regarding his fee arrangement with Payden. Payden has moved to quash the subpoena on the ground that it violates his sixth and fifth amendment rights. To resolve the issues presented by this motion...

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