MATTER OF CONSTANTINE


142 Misc.2d 728 (1989)

In the Matter of the Application of Thomas A. Constantine, as Superintendent of the Division of State Police, to Vacate an Order Granting a Subpoena in The People of the State of New York v. Mark P. Leto.

Supreme Court, Albany County.

February 17, 1989


Attorney(s) appearing for the Case

Robert T. Dillon for New York State Police. Gerstenzang, Weiner & Gerstenzang (Peter Gerstenzang of counsel), for Mark P. Leto. James B. Canfield, District Attorney (Michael L. Desautels of counsel), for People.


EDWARD S. CONWAY, J.

This is a motion by the petitioner Thomas A. Constantine, Superintendent of the Division of State Police, for an order vacating a prior order of this court which granted a subpoena duces tecum directing petitioner to produce the New York State Police Breath Test Operator's Training Course Manual in a criminal action entitled: "In the Matter of People against Mark P. Leto."

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