People v. Christopher B.

OPINION OF THE COURT

Andrias, J.

Defendant seeks to appeal from an order that denied his motion to quash a court-ordered subpoena duces tecum served on behalf of the New York County District Attorney’s Office on the Director of Medical Records of Kirby Forensic Psychiatric Center (Kirby) requesting defendant’s postcommitment psychiatric records in connection with a pending CPL 730.50 (2) retention hearing. As explained below, the denial of the motion to quash the subpoena is a nonappealable order. However, were the order appealable, we would find that Supreme Court correctly determined that the…