People v. Nasser

OPINION OF THE COURT

Lester B. Abler, J.

By order to show cause dated February 12, 2007, counsel for nonparty journalist Brian Howard has moved for an order quashing a subpoena to appear and give testimony at the trial of the defendant upon the ground that it would violate the privilege accorded him by the First Amendment of the United States Constitution and Civil Rights Law § 79-h (the Shield Law).1 In response, the defendant, by his attorney Nicholas Maselli, Esq., has submitted an affirmation in opposition dated February 27, 2007, to which the nonparty movant filed a reply memorandum dated…