From Casetext: Smarter Legal Research

People v. Scott

Appellate Division of the Supreme Court of New York, First Department
Feb 28, 1995
212 A.D.2d 477 (N.Y. App. Div. 1995)

Opinion

February 28, 1995

Appeal from the Supreme Court, Bronx County (Frank Torres, J.).


Contrary to defendant's contention, we find that the trial court did not abuse its discretion when it refused to enforce defendant's subpoena duces tecum addressed to the Internal Affairs Division, New York City Police Department, for the production of a confidential investigation file concerning the arresting officer, since defendant failed to demonstrate that such file contained any information related to his guilt or innocence of the instant crimes, but sought the file simply for the purpose of gaining information to impeach the general credibility of the said officer (People v. Gissendanner, 48 N.Y.2d 543, 549-550; People v. Valentine, 160 A.D.2d 325, 326, lv denied 76 N.Y.2d 797; Civil Rights Law § 50-a, [3]).

Concur — Murphy, P.J., Ellerin, Kupferman, Williams and Tom, JJ.


Summaries of

People v. Scott

Appellate Division of the Supreme Court of New York, First Department
Feb 28, 1995
212 A.D.2d 477 (N.Y. App. Div. 1995)
Case details for

People v. Scott

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES SCOTT, Also…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 28, 1995

Citations

212 A.D.2d 477 (N.Y. App. Div. 1995)
623 N.Y.S.2d 212

Citing Cases

People v. Ehigie

) It is therefore proper to quash a subpoena served on a third party if defendant requests information for…

Pernice v. Devora

The plaintiff sought such information on the generalized claim that since the defendants' examining…