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People v. Szychulda

440 N.E.2d 790, 57 N.Y.2d 719, 454 N.Y.S.2d 705, 1982 N.Y. LEXIS 3644
CourtNew York Court of Appeals
DecidedSeptember 8, 1982
StatusPublished
Cited by9 cases

This text of 440 N.E.2d 790 (People v. Szychulda) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Szychulda, 440 N.E.2d 790, 57 N.Y.2d 719, 454 N.Y.S.2d 705, 1982 N.Y. LEXIS 3644 (N.Y. 1982).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Term should be affirmed.

By section 50-a of the Civil Rights Law the Legislature in order to protect the confidentiality of personnel records of police officers established a specific procedure to be followed before a court should order their production. Although defendant’s attorney failed to follow that procedure, the People did not bring the section to the attention of the District Court Judge either on the return date of defendant’s notice of application for subpoena or when the case was called for trial. Under those circumstances, we cannot say that the District Judge was without jurisdiction to so order the subpoena or that his dismissal of the petit *721 larceny and criminal trespass charges against defendant was an abuse of discretion (cf. People v Wingard, 33 NY2d 192).

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg and Meyer concur; Judge Gabrielli taking no part.

Order affirmed in a memorandum.

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Cite This Page — Counsel Stack

Bluebook (online)
440 N.E.2d 790, 57 N.Y.2d 719, 454 N.Y.S.2d 705, 1982 N.Y. LEXIS 3644, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-szychulda-ny-1982.