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Defendant Could Properly Subpoena Documents Which May Support a Motion to Dismiss the Indictment in the Interest of Justice/There Was Evidence of a Policy Not to Prosecute Native Americans for Tax Law Violations Relating to Cigarettes

In a case alleging (criminal) cigarette-related tax law violations, the Third Department affirmed Supreme Court’s denial of the state police’s and the tax department’s motions to quash subpoenas concerning a forbearance enforcement policy.  The defendant, who is Native American, alleged the tax department and the state police made a policy-decision not to prosecute Native Americans for tax law violations related to cigarettes manufactured by Native Americans.  The subpoenas were deemed relevant to a possible “interest of justice” dismissal of the indictment:

To be sure, the policy of the Department and the issues surrounding the Division’s actual enforcement of the Tax Law with respect to Native American manufactured cigarettes may very well be found insufficient to justify dismissal of the indictment in the interest of justice.  Yet, we simply cannot say that the testimony sought on those issues “is utterly irrelevant” to the question of whether defendant’s prosecution here would be unjust … .   Accordingly, Supreme Court properly denied the motions to quash the subpoenas. People v Laughing, NYS Dept of Taxation and Finance, 516567, 3rd Dept 1-16-14

 

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