New York Court of Appeals

In the Matter of Terry D., a Person Alleged to be a Juvenile Delinquent

June 10, 199381 N.Y.2d 1042

Summary

The New York Court of Appeals reversed the Appellate Division, granting the respondent's cross‑motion to quash the Family Court subpoena duces tecum and answering the certified question in the negative. The court held that a subpoena duces tecum may not be used to obtain the names, addresses, and telephone numbers of all potential eyewitnesses, as that constitutes impermissible discovery, and that no constitutional right was implicated.