From Casetext: Smarter Legal Research

Matter of Miller v. Schwartz

Court of Appeals of the State of New York
Jul 6, 1988
72 N.Y.2d 869 (N.Y. 1988)

Summary

In Miller v. Schwartz, 528 N.E.2d 507 (N.Y. 1988), Miller tried to compel discovery relating to the radar device used when he was charged with a speeding violation, claiming limited discovery unconstitutionally deprived him of due process of law.

Summary of this case from Jones v. State

Opinion

Argued June 2, 1988

Decided July 6, 1988

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Lester E. Gerard, J.

Nathan Breslauer for appellant.

Robert Abrams, Attorney-General (Andrea Green, O. Peter Sherwood and Lawrence S. Kahn of counsel), for respondent.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

On October 15, 1984, petitioner was charged by a Suffolk County police officer with speeding in violation of Vehicle and Traffic Law § 1180 (d). In Suffolk County such charges are adjudicated administratively (Vehicle and Traffic Law §§ 225- 228; 15 N.Y.CRR 121.1 -126.5). Before trial petitioner's attorney requested from the Traffic Violations Bureau certain documents and information pertaining to the type of radar used, and its associated testing and operating procedures. The Bureau denied petitioner's request stating that under the relevant rule of the Division of Administrative Adjudication the motion practice and discovery procedures set forth in the Civil Practice Law and Rules and Criminal Procedure Law were not applicable (see, 15 N.Y.CRR 123.1).

Petitioner then commenced this article 78 proceeding to compel reasonable discovery relating to this radar device and claiming that 15 N.Y.CRR 123.1 unconstitutionally deprived him of due process of law because without it he would be unable to conduct effective cross-examination. It is settled, however, that there is no general constitutional right to discovery in criminal cases (see, Weatherford v Bursey, 429 U.S. 545, 559) or administrative proceedings (see, National Labor Relations Bd. v Interboro Contrs., 432 F.2d 854, 857-858, cert denied 402 U.S. 915). Such matters are regulated by statute or rule and since petitioner had no statutory or regulatory right to pretrial discovery here, his request was properly denied.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

Order affirmed, with costs, in a memorandum.


Summaries of

Matter of Miller v. Schwartz

Court of Appeals of the State of New York
Jul 6, 1988
72 N.Y.2d 869 (N.Y. 1988)

In Miller v. Schwartz, 528 N.E.2d 507 (N.Y. 1988), Miller tried to compel discovery relating to the radar device used when he was charged with a speeding violation, claiming limited discovery unconstitutionally deprived him of due process of law.

Summary of this case from Jones v. State

In Matter of Miller v Schwartz (72 NY2d 869, 870 [1988]), it was held that there is no general, constitutional right to discovery in a criminal proceeding.

Summary of this case from People v. Davis
Case details for

Matter of Miller v. Schwartz

Case Details

Full title:In the Matter of ANDREW S. MILLER, Appellant, v. MARTIN E. SCHWARTZ, as…

Court:Court of Appeals of the State of New York

Date published: Jul 6, 1988

Citations

72 N.Y.2d 869 (N.Y. 1988)
532 N.Y.S.2d 354
528 N.E.2d 507

Citing Cases

People v. Williamson

The People oppose based upon the legal precedent that there is no legal basis or authority for the relief…

People v. Vega

These statutes are the only valid and legal way of obtaining discovery, including reciprocal discovery, in a…