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PEOPLE v. NESCI

178 Misc.2d 685 (1998)

683 N.Y.S.2d 375

The People of the State of New York, Appellant, v. Vincent P. Nesci, Jr., Respondent.

Supreme Court, Appellate Term, Second Department.

July 7, 1998

Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, New York City (Michael S. Belohlavek and Katharine Demgen of counsel), for appellant. Nesci, Keane, Pierkarski, Keogh & Corrigan, White Plains (Vincent P. Nesci of counsel), for respondent.

DiPAOLA, P. J., INGRASSIA and LEVITT, JJ., concur.

MEMORANDUM.

Appeal unanimously dismissed.

An order determining a motion to quash a subpoena issued in the course of the prosecution of a criminal action arises out of a criminal proceeding for which no direct appellate review is authorized (People v Santos, 64 N.Y.2d 702). This rule, however, applies only to the parties to the underlying criminal action. A nonparty to the...

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