You are here: / / Dismissal of Indictment On Ground that Law Enforcement Personnel Improperly...
,

Dismissal of Indictment On Ground that Law Enforcement Personnel Improperly Issued a Subpoena for Defendant’s Financial Records Reversed/Defendant Did Not Have Standing to Challenge the Subpoena and Issuance of the Subpoena Did Not Violate Defendant’s Constitutional Rights

The Second Department determined that the trial court should not have dismissed an indictment in the interest of justice on the ground that law enforcement personnel improperly issued a subpoena to Citibank for defendant’s financial records.  The court noted that defendant did not have standing to challenge the subpoena because he did not have a proprietary interest in the records:

Even assuming, arguendo, that the subpoena was improperly issued, the defendant had no standing to challenge the validity of the subpoena … as he had no possessory or proprietary interest in the bank’s records … . Further, any impropriety in the issuance of the subpoena did not implicate the defendant’s constitutional rights … or federal statutory rights … . Since any misconduct on the part of law enforcement in issuing the subpoena did not implicate the defendant’s rights or interests, justice did not require dismissal of the subject counts of the indictment on the basis of any such misconduct. Further, for the reasons noted above, suppression of the Citibank records was not proper either as a sanction for alleged misconduct or for an alleged violation of the defendant’s Fourth Amendment rights… . People v Adeniran, 2014 NY Slip Op 02302, 2nd Dept 4-2-14

 

You might also like
Statements at Issue Were Statements of Opinion Directly Linked to the Plaintiff’s Writings—Defamation Complaint Properly Dismissed
OUT-OF-POSSESSION LANDLORD NOT LIABLE FOR FALL ON A WET FLOOR IN THE LEASED PREMISES.
Service of an Unverified Petition in Violation of the Court of Claims Act Did Not Constitute a Jurisdictional Defect
THE BANK FAILED TO SUBMIT THE BUSINESS RECORDS RELIED ON IN ITS AFFIDAVIT IN THIS FORECLOSURE ACTION RENDERING THE AFFIDAVIT INADMISSIBLE HEARSAY; SUPREME COURT’S DETERMINATION THE BANK HAD COMPLIED WITH THE NOTICE PROVISIONS OF RPAPL 1304 AND THE MORTGAGE WAS THE LAW OF THE CASE PRECLUDING RECONSIDERATION OF THE ISSUE PURSUANT TO DEFENDANTS’ CROSS MOTION (SECOND DEPT).
THE USUAL PROHIBITIONS RE: VACATING ORDERS ISSUED OPON A PARTY’S DEFAULT DO NOT APPLY IN CHILD CUSTODY MATTERS; TO MODIFY CUSTODY, A FULL AND PLENARY HEARING IS NECESSARY; IF A PARTY DOES NOT APPEAR IN A MODIFICATION PROCEEDING, AN INQUEST SHOULD BE HELD TO CREATE A RECORD (SECOND DEPT).
Intentional Conduct Cannot Be the Basis for a Negligent Infliction of Emotional Distress Cause of Action
DEFENDANT SCHOOL DISTRICT DID NOT DEMONSTRATE IT DID NOT HAVE CONSTRUCTIVE NOTICE OF THE TEACHER’S PROPENSITY FOR SEXUAL ABUSE OR THE REPEATED, LONG-TERM ABUSE OF PLAINTIFF STUDENT (SECOND DEPT).
BANK DID NOT COMPLY WITH THE NOTICE REQUIREMENTS OF RPAPL 1304 IN THIS FORECLOSURE ACTION; THE BANK’S SUMMARY JUDGMENT MOTION SHOULD NOT HAVE BEEN GRANTED (SECOND DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2025 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

New York City Street-Sweeping Vehicles Are Now Exempt from the Rules of the... Statutory Attorney’s Fees Awarded in a Human Rights Law Action Should...