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MATTER OF COUNTY OF NASSAU POLICE DEP'T v. JUDGE

237 A.D.2d 354 (1997)

654 N.Y.S.2d 174

In the Matter of County of Nassau Police Department, Appellant, v. Kevin Judge, Respondent

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

March 10, 1997

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

The record indicates that the respondent was arrested on the Long Island Expressway by a Nassau County Highway Patrol Officer and charged, inter alia, with speeding at a rate of 85 miles per hour and driving while intoxicated. Subsequently, the respondent served a subpoena duces tecum on the Police

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