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Alan Lewis and Michael Shapiro, partners at Carter Ledyard & Milburn, conclude that in the wake of the Court of Appeals' ruling in People v. Kozlowski : (1) by interpreting CPLR §3101(d)(2)'s substantial equivalence test to require that a party seek to obtain substantially equivalent evidence even before the time it becomes a party in a case; and (2) by defining two adversaries' separate interviews of the same witness as the "substantial equivalent" of one another, the Court has crafted additional requirements for a party seeking to enforce a third-party subpoena not imposed by the legislature and which, when applied in a criminal case, may very well violate the Sixth Amendment right to compulsory process.
November 03, 2008 at 12:00 AM
1 minute read
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