The Appellate Division, First Department, yesterday quashed a subpoena that would have required Manhattan’s former district attorney, Robert M. Morgenthau, to testify at the disciplinary hearing of a judge who has been charged with five counts of misconduct by the Commission on Judicial Conduct in a probe that started in 2005.
A unanimous panel struck the subpoena, which had been sought by Acting Supreme Court Justice William A. Wetzel (See Profile) because it would have allowed him to engage in “the kind of investigatory fishing expedition that the law forbids.”
