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Matter of Suffolk Cty. Police Dept. v. Gorman

Appellate Division of the Supreme Court of New York, Second Department
Mar 7, 1994
202 A.D.2d 438 (N.Y. App. Div. 1994)

Opinion

March 7, 1994

Appeal from the Supreme Court, Suffolk County (Doyle, J.).


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

The respondent's purported need for the subpoenaed radar equipment is for demonstrative purposes. The burden of compelling the county to produce the radar equipment far outweighs any asserted value that material could have to the respondent in the cross-examination of the police officer who charged the respondent with the traffic infraction (see, Matter of Constantine v. Solomon, 194 A.D.2d 538).

Furthermore, based on the papers submitted herein, the respondent's demand for training materials is no more than an attempt to circumvent the limits imposed upon proper discovery (see, Matter of Constantine v. Solomon, supra). Sullivan, J.P., Joy, Friedmann and Goldstein, JJ., concur.


Summaries of

Matter of Suffolk Cty. Police Dept. v. Gorman

Appellate Division of the Supreme Court of New York, Second Department
Mar 7, 1994
202 A.D.2d 438 (N.Y. App. Div. 1994)
Case details for

Matter of Suffolk Cty. Police Dept. v. Gorman

Case Details

Full title:In the Matter of SUFFOLK COUNTY POLICE DEPARTMENT, Appellant, v. RICHARD…

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

Date published: Mar 7, 1994

Citations

202 A.D.2d 438 (N.Y. App. Div. 1994)
608 N.Y.S.2d 532

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