Opinion
July 8, 1996
Appeal from the County Court, Suffolk County (Jones, J.).
Motions by the respondents to dismiss the proceeding.
Upon the petition and papers filed in support of the proceeding, and the papers filed in opposition thereto and in support of the motions, it is
Ordered that the motions are denied; and it is further,
Adjudged that the petition is granted, without costs or disbursements, and the respondent John J.J. Jones, Jr., is prohibited from enforcing the order dated May 8, 1996.
The respondent Judge John J.J. Jones, Jr., acted in excess of his authorized powers in requiring the People to disclose the subject witness statements since such disclosure is authorized neither by statute or case law ( see, CPL 240.20; see also, People v. Dukes, 156 A.D.2d 203). Thus the writ of prohibition is hereby granted ( see, Matter of Hynes v. Cirigliano, 180 A.D.2d 659). Bracken, J.P., Krausman, Goldstein and Luciano, JJ., concur.