Legal Opinion

Constantine v. Leto

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

Decided May 31, 1990PublishedCited by 62 opinions

1Opinion of the Court

OPINION OF THE COURT

Mercure, J.

Respondent was arrested for driving while intoxicated by Trooper E. J. Demczar of the State Police. Thereafter, while the case was pending before the Town of Schodack Justice Court in Rensselaer County, a subpoena duces tecum was issued by Supreme Court directing petitioner, the Superintendent of State Police, to produce the State Police "Breath Test Operator’s Training Course Manual” which was used to train Demczar. Petitioner submitted an application to Supreme Court to quash the subpoena duces tecum. Supreme Court denied the motion, stating that respondent…

2Cases cited16 opinions

  1. People v. GissendannerNew York Court of Appeals · 1979
  2. Nassau Boces Central Council of Teachers v. Board of Cooperative Educational ServicesNew York Court of Appeals · 1984
  3. MATTER OF ROMAN CATHOLIC DIOCESE OF ALBANY v. New York State Dep't of HealthNew York Court of Appeals · 1985
  4. People v. AlvarezNew York Court of Appeals · 1987
  5. People v. FreelandNew York Court of Appeals · 1986

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

3Cited by62 opinions

  1. In re Terry D.New York Court of Appeals · 1993
  2. Constantine v. LetoNew York Court of Appeals · 1991
  3. People v. AlvarezAppellate Division of the Supreme Court of the State of New York · 2007
  4. Pirro v. LaCavaAppellate Division of the Supreme Court of the State of New York · 1996
  5. Sacket v. BartlettAppellate Division of the Supreme Court of the State of New York · 1998

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

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