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PEOPLE v. NASSER

15 Misc.3d 499 (2007)

830 N.Y.S.2d 892

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. DANNY NASSER, Defendant.

Supreme Court, Westchester County.

March 2, 2007.

Attorney(s) appearing for the Case

Satterlee, Stephens, Burke & Burke, LLP, New York (Mark A. Fowler of counsel), for Brian Howard.

Nicholas Maselli, Valhalla, for defendant.

Janet DiFiore, District Attorney, White Plains (Christine O'Connor of counsel), for plaintiff.

OPINION OF THE COURT

LESTER B. ADLER, J.

By order to show cause dated February 12, 2007, counsel for nonparty journalist Brian Howard has moved for an order quashing a subpoena to appear and give testimony at the trial of the defendant upon the ground that it would violate the privilege accorded him by the First Amendment of the United States Constitution and Civil Rights Law § 79-h (the Shield Law).1 In response, the defendant...

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