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Matter of Suffolk Cty. Med. Examiner v. Guido

Appellate Division of the Supreme Court of New York, Second Department
May 23, 1995
215 A.D.2d 705 (N.Y. App. Div. 1995)

Opinion

May 23, 1995

Appeal from the County Court, Suffolk County (Weber, J.).


Ordered that the order is reversed, on the law, with costs, the petition is granted, and the subpoena is quashed.

The respondent has offered "nothing better than conjecture" (People v Gissendanner, 48 N.Y.2d 543, 550) that the subpoenaed material contains evidence which would be relevant in the underlying criminal prosecution (see, Matter of Sabol v People, 203 A.D.2d 369, 370; Matter of County of Nassau v Sullivan, 194 A.D.2d 236, 239). Thus, the subpoena constitutes a fishing expedition (see, Matter of Decrosta v State Police Lab., 182 A.D.2d 930, 931) and the application to quash should have been granted (see, Matter of Constantine v Leto, 157 A.D.2d 376, 379, affd 77 N.Y.2d 975; People v Robinson, 87 A.D.2d 877, 878). Bracken, J.P., Balletta, Rosenblatt and Altman, JJ., concur.


Summaries of

Matter of Suffolk Cty. Med. Examiner v. Guido

Appellate Division of the Supreme Court of New York, Second Department
May 23, 1995
215 A.D.2d 705 (N.Y. App. Div. 1995)
Case details for

Matter of Suffolk Cty. Med. Examiner v. Guido

Case Details

Full title:In the Matter of SUFFOLK COUNTY MEDICAL EXAMINER, Appellant, v. DOUGLAS…

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

Date published: May 23, 1995

Citations

215 A.D.2d 705 (N.Y. App. Div. 1995)
628 N.Y.S.2d 511

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