Legal Opinion

People v. Zilberman

Appellate Division of the Supreme Court of the State of New York

Decided September 17, 2002PublishedCited by 8 opinions

1Opinion of the Court

The pretrial and trial courts properly refused to compel the department store from which the item in question was stolen to comply with defense subpoenas purportedly seeking information relevant to the market value of the stolen property. The subpoenas issued were procedurally defective; they were overly broad and set improper return dates (see Matter of Grand Jury Subpoenas, 72 NY2d 307, 315-316, cert denied 488 US 966; People v Gissendanner, 48 NY2d 543, 547-551). Moreover, defendant never pursued the appropriate remedy for failure to comply with an attorney-issued subpoena, which is a…

2Cases cited6 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. . GaimariNew York Court of Appeals · 1903
  3. People v. GissendannerNew York Court of Appeals · 1979
  4. People v. IrrizariNew York Court of Appeals · 1959
  5. In re Grand Jury Subpoenas for Local 17, 135, 257 & 608 of United Brotherhood of Carpenters & Joiners of AmericaNew York Court of Appeals · 1988

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3Cited by8 opinions

  1. People v. HammondAppellate Division of the Supreme Court of the State of New York · 2011
  2. People v. AbarrateguiAppellate Division of the Supreme Court of the State of New York · 2003
  3. People v. McKinnonAppellate Division of the Supreme Court of the State of New York · 2010
  4. People v. RickettsAppellate Division of the Supreme Court of the State of New York · 2007
  5. People v. McLeodAppellate Division of the Supreme Court of the State of New York · 2007

3 more not listed; retrieve them via the Exa API.

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