Opinion
January 13, 1988
Appeal from the County Court, Suffolk County (Namm, J.).
Ordered that the judgment is reversed insofar as appealed from, on the law, without costs or disbursements, the application is granted, and the subpoenas in question are quashed in their entirety.
The judgment is final and appealable as to the appellant (see, People v Johnson, 103 A.D.2d 754; People v Marin, 86 A.D.2d 40). Under the circumstances of this case, the County Court erred in refusing to quash in their entirety the subpoenas served on the appellant. The issue of Spota's pecuniary interest in the conviction of Robert Brensic was resolved by the order of the County Court, Suffolk County (Doyle, J.), dated April 22, 1982, and that order is binding on other Judges of coordinate jurisdiction absent exceptional circumstances, not present here (see, People v Finley, 104 A.D.2d 450, upon rearg 107 A.D.2d 709; People v Brensic, 118 Misc.2d 390).
In making the determination under review, the County Court attempted to reopen the issues previously determined. This was improper. Furthermore, while the doctrine of law of the case would not be binding on this court (see, People v Finley, supra), the issues now raised with respect to pecuniary interest, which were decided adversely to Brensic by Judge Doyle, were not raised either on Brensic's appeal to this court following his conviction, or in the Court of Appeals [ 70 N.Y.2d 9] upon appeal from this court's order affirming the judgment [ 119 A.D.2d 281]. Thus, the right to seek review of these issues has been waived. In light of this determination, there would appear to be no need to hold a hearing with respect to pecuniary interest. Thompson, J.P., Rubin, Eiber and Sullivan, JJ., concur.