People v. Crean

In People v. Crean, 115 Misc 2d 526 [Sup Ct Westchester County 1982], the court quashed a post-indictment trial subpoena for a disbarred attorney's books and records, on the ground that the subpoena was improperly used as an evidence-gathering discovery tool. However, the court rejected defendant's Fifth Amendment and attorney-client privilege claims on the ground that the records are required by law to be kept, and they are therefore not protected against disclosure. The court held that counsel seeking the records should have made a motion to compel discovery of the records, instead of using a subpoena.