Morgenthau v. Hopes

We have here two proceedings; one is an appeal by the People from a judgment (erroneously referred to as an order) dated October 1, 1976 of the Supreme Court, New York County, which denied a motion to quash a subpeona duces tecum, and the other an original proceeding instituted pursuant to CPLR article 78, in the nature of prohibition to prevent the respondent Justice of the Supreme Court from enforcing the judgment directing the People, petitioner, to *256turn over to defense counsel in the companion appeal certain police investigative reports.

This matter has its genesis in a police response to…