People ex rel. Heller v. Heller

In this habeas corpus proceeding a subpoena ducestecum was served on the District Attorney of New York County requiring the production by him of records of conversations had with certain persons concerning matter which is said to relate to the subject of this proceeding and concerning evidence introduced in connection therewith.

The District Attorney has raised the claim of privilege and asks quashal of the subpoena, basing it upon the ground of public policy and also because the non production of the records of his office for use in a civil action is the policy of his office. The policy of…