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PEOPLE v. BAGLEY

279 A.D.2d 426 (2001)

720 N.Y.S.2d 454

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. WILLIAM BAGLEY, Respondent. NEW YORK CITY POLICE DEPARTMENT, Nonparty Appellant.

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

Decided January 30, 2001.

Since the Police Department was not a party to the underlying criminal action, it may properly appeal from the order denying the motion to quash the subpoena duces tecum (Matter of Cunningham v Nadjari, 39 N.Y.2d 314; Matter of Grand Jury Subpoena No. 2573/85, 111 A.D.2d 891, lv denied 65 N.Y.2d 606).

The motion court erroneously denied the Police Department's motion to quash...

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