People v. Warmus

OPINION OF THE COURT

John Carey, J.

"[T]he method by which the District Attorney gained posses*375sion of the disputed items — a subpoena returnable ’forthwith’ to himself * * * should not be replicated.” So said the Court of Appeals on March 27, 1990, in People v Natal (75 NY2d 379, 384-385 [1990]). But replication, in the same District Attorney’s office, was only a few days in coming. Faced with such pointed disregard of CPL article 610, this court must fashion appropriate remedial action, or become itself an accomplice.

Testimony was taken at a hearing held between June 15 and 20,1990, pursuant…