People v. Mateo

OPINION OF THE COURT

John J. Connell, J.

The defense seeks an order from this court allowing requests for judicial subpoenas duces tecum to be ex parte and under seal for materials and documents held by various agencies to be used in assisting their preparation of the mitigation phase *71of the above-entitled capital case. The People have opposed that application, arguing that that procedure would contravene CPL 610.20 (3) and CPLR 2307.

In support of their application, the defense claims that they have unsuccessfully attempted to obtain various records relating to the defendant even when supplying…