Opinion
June 14, 1999
Proceeding pursuant to Judiciary Law § 509, on behalf of a defendant in a criminal action entitled People v. Nicholson McCoy, who is awaiting trial on a charge of murder in the first degree under Suffolk County Indictment No. 2582/98, to direct the respondent Michael O'Donohoe, the Commissioner of Jurors of Suffolk County, to disclose to counsel all juror qualification questionnaires and a record of persons who were found not qualified or disqualified or who have been exempted or excused, and the reasons therefor, for Suffolk County, from 1986 to the present, or, in the alternative, (1) to direct the respondent Michael O'Donohoe to provide these materials to the court, and (2) to seal the materials for appellate review.
Peter Sistrom, New York, N.Y., petitioner pro se.
Michael Colodner, New York, N.Y. (Shawn Kerby of counsel), for respondent Michael O'Donohoe, Commissioner of Jurors of Suffolk County.
James M. Catterson, Jr., District Attorney, Riverhead, N Y (Thomas C. Costello and Steven Hovani of counsel), respondent pro se.
LAWRENCE J. BRACKEN, J.P., SONDRA MILLER, WILLIAM C. THOMPSON, THOMAS R. SULLIVAN, JJ.
DECISION JUDGMENT
ADJUDGED that the petition is denied and the proceeding is dismissed, without costs or disbursements ( see, Matter of Gordon, 249 A.D.2d 395; Matter of Hale, 239 A.D.2d 500; Matter of Bell, 250 A.D.2d 610; see generally, Matter of Newsday, Inc. v. Sise, 120 A.D.2d 8, affd 71 N.Y.2d 146, cert denied 486 U.S. 1056).