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MATTER OF SECOND REPORT OF THE SENECA COUNTY SPECIAL GRAND JURY OF JANUARY 2007.

59 A.D.3d 1079 (2009)

872 N.Y.S.2d 809

In the Matter of the SECOND REPORT OF THE SENECA COUNTY SPECIAL GRAND JURY OF JANUARY 2007. FIRST NAMED PUBLIC OFFICIAL, Appellant; R. MICHAEL TANTILLO, Special District Attorney of Seneca County, Respondent.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided February 6, 2009.

It is hereby ordered that the order so appealed from is unanimously reversed on the law and the report is sealed.

Memorandum: We agree with appellant, a public official of Seneca County, that County Court erred in directing that a grand jury report be filed as a public record. It is "incumbent upon the prosecutor to instruct the Grand Jury regarding the duties and responsibilities of the public servant who is the target...

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