MATTER OF SABOL v. PEOPLE


203 A.D.2d 369 (1994)

610 N.Y.S.2d 93

In the Matter of Barbara Sabol, as Commissioner of The New York City Department of Social Services, Appellant, v. The People of the State of New York et al., Respondents

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

April 11, 1994


Ordered that the order is reversed, on the law, without costs or disbursements, and the motion to quash is granted in its entirety.

The Supreme Court erred in denying the petitioner's motion to quash. The materials subject to the subpoena were confidential, and were not within the control of the District Attorney. Hence they constituted neither Brady nor Rosario material (see, Matter of County of Nassau v Sullivan, 194...

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