p. 579The People of the State of New York, v Jesus Cabon et al., Respondents, and Police Department of the City of New York, Appellant.
— Leave to appeal from Appellate Term denied. Concur — Carro, J. R, Rosenberger, Kassal and Smith, JJ.
concurs in result only, in the following memorandum. I concur in the result only on the basis that the subpoenas are for routinely prepared police reports concerning the charged crimes and, therefore, a further appeal is not warranted.
In other circumstances, People v Santos ( 64 NY2d 702 ) could be distinguished because, among other reasons, the Police Department of the City of New York is not a party to the criminal action.
Cases cited
- People v. Santos 64 NY2d 702 p. 579