People v. Bagley

Order, Supreme Court, New York County (James Yates, J.), entered on or about December 21,1999, which denied nonparty appellant New York City Police Department’s motion to quash a subpoena duces tecum, unanimously reversed, on the law, without costs, and the motion granted.

Since the Police Department was not a party to the underlying criminal action, it may properly appeal from the order denying the motion to quash the subpoena duces tecum (Matter of Cunningham v Nadjari, 39 NY2d 314; Matter of Grand Jury Subpoena No. 2573/85, 111 AD2d 891, lv denied 65 NY2d 606).

The motion court erroneously…