People v. Graydon

Defendant seeks leave to inspect records of the Department of Social Services as produced pursuant to a subpoena duces tecum. Whether considered as an application for discovery or for examination preliminary to cross-examination, the application must be denied.

CPL article 240, the discovery article, has no provision for this type of discovery. Subdivision 3 of CPL 240.20 permits discovery only of property “which is within the possession, custody or control of the district attorney ”.

Subdivision 2 of section 136 of the Social Services Law provides : “ 2. All communications and information…