PEOPLE v. TRESTER


190 Misc.2d 46 (2002)

737 N.Y.S.2d 522

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. CAROL TRESTER, Defendant.

Justice Court of Village of Tuckahoe, Westchester County.

January 15, 2002.


Attorney(s) appearing for the Case

Joseph A. Miano for defendant.

Jeanine Ferris Pirro, District Attorney of Westchester County (Hazem Ennabi of counsel), for plaintiff.


OPINION OF THE COURT

DAVID OTIS FULLER, JR., J.

Carol Trester is charged with falsely reporting an incident in the second degree (Penal Law § 240.55 [3]) (child abuse or maltreatment), concerning her son. She seeks dismissal of the information based on due process grounds, apparently under CPL 170.30 (1) (f).

Defendant first asserts that the District Attorney should not have used a subpoena duces tecum instead of a verification to obtain sealed...

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