Legal Opinion

People v. Slochowsky

New York Supreme Court

Decided December 9, 1982PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Gerald Adler, J.

The District Attorney of Kings County, Honorable Elizabeth Holtzman, moves this court to quash a subpoena served upon her by the attorneys for the defendants, on the grounds that “the testimony sought is wholly irrelevant to the inquiry before this court and is privileged.”

A motion to quash a subpoena even though made in a criminal proceeding is a “special proceeding * * * on the civil side of a court vested with civil jurisdiction” (Matter of Cunningham v Nadjari, 39 NY2d 314, 317).

Initially this court must determine whether relevancy and privilege are…

2Cases cited40 opinions

  1. Massiah v. United StatesSupreme Court of the United States · 1964
  2. Jenkins v. McKeithenSupreme Court of the United States · 1969
  3. Weatherford v. BurseySupreme Court of the United States · 1977
  4. United States v. HenrySupreme Court of the United States · 1980
  5. People v. GissendannerNew York Court of Appeals · 1979

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3Cited by3 opinions

  1. Seelig v. ShepardNew York Supreme Court · 1991
  2. New York State Commission on Government Integrity v. CongelAppellate Division of the Supreme Court of the State of New York · 1989
  3. People v. BoudinNew York Supreme Court · 1983

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