People v. Trester

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 records of the State Central Register of Child Abuse and Maltreatment to prosecute the charge. Social Services Law § 422 (5) provides the means for the…