PEOPLE v. RUSSO


149 A.D.2d 255 (1989)

The People of the State of New York, Respondent, v. Michael A. Russo, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

August 28, 1989


Attorney(s) appearing for the Case

Louis J. Galgano, III, for appellant.

E. Thomas Boyle, County Attorney (Richard P. Murad of counsel), for respondent.

SPATT, J. P., SULLIVAN and HARWOOD, JJ., concur.


BALLETTA, J.

A defendant charged with a violation of Vehicle and Traffic Law § 1180 (b) is entitled to the issuance of a properly worded judicial subpoena duces tecum under CPLR 2307 requiring the production of relevant records at the hearing before the Traffic Violations Bureau.

The facts in this case are easily stated. On July 27, 1987, in the Town of Brookhaven, the defendant was stopped for...

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