52 Misc. 2d 837 | New York County Courts | 1966
This is a special proceeding brought under article 4 of the CPLR for relief under article 17-A of the County Law. The petitioner, Alfred P. Widziewicz, Jr., is accused by the Grand Jury of Dutchess County in Indictment No. 141/66 charging him with the crime of murder in the first degree in violation of section 1044 of the Penal Law, and the crime of grand larceny in the first degree in violation of section 3 294 of the Penal Law.
Petitioner, as defendant, on the 10th day of November, 1966 brought on a motion in Part II of the County Court of Dutchess County for disclosure of certain items. His motion was denied, with leave to renew his application under the applicable provisions of the CPLR. Apparently the court in that decision was referring to an application for an order pursuant to section 677 (subd. 3, par. [b]) of the County Law, although the court did not hold that petitioner was entitled to all that he desired under that section. In the course of the first motion, the District
Petitioner contends that the Medical Examiner of Dutchess County is required under article 17-A of the County Law to perform certain acts, where death by violent means is indicated; namely:
“ 13. 1. Investigate the death of every person dying within his county which is, or appears to be, caused by criminal violence.
“2. Go at once to the place where the body is and take charge of it.
“ 3. Fully investigate the essential facts concerning the death, taking the names and addresses of as many witnesses thereto as it may be practicable to obtain, and before leaving the premises, reduce all such facts to writing.
“ 4. Take possession of any portable object which, in his or their opinion, may be useful in establishing the cause or means of death.
‘ ‘ 5. Make or cause to be made such examinations as in his opinion are necessary to establish the cause of death or to determine the means or manner of death or to discover facts requested by the District Attorney.
“ 6. Have the power to subpoena and examine witnesses under oath in the same manner as a magistrate in holding a Court of Special Sessions.
‘ ‘ 7. Consult with and request advice, consultation, or other assistance from any officer of a department of the state government and to request from any such person such tests, examinations, or analyses and reports with respect thereto as are necessary in his opinion, to his investigation.
‘ ‘ 8. File, in his office, the writings made by him at the place where he took charge of the body.
“ 9. To reduce to writing and file in his office the testimony of witnesses examined before him and the report of any examination made or directed by him.”
The petition further alleges:
“ 14. That presumably the Medical Examiner of the County of Dutchess has performed the duties required of him by the County Law.
*840 ‘ ‘ 15. That your petitioner is, indeed, affected by a criminal action, and is a person who has a substantial interest in the contents of the records of the Medical Examiner. Tour Petitioner has been informed by his attorney that, in the event there is any truth to the charges made against your Petitioner by the Grand Jury of the County of Dutchess, he may well be subject to civil action in addition to the criminal action which has been brought against him. Thus, your petitioner respectfully submits that he falls within the classification of persons set forth in section 677 (3) (b) of the County Law, to whom copies of the Medical Examiner’s records may be made available by order of the Court.”
Petitioner contends that he has not received, under the pertinent provisions of article 17-A, all of the information to which he is entitled. He demands judgment awarding copies of the following:
“ (a) Investigation into the cause of death of Sandra Boyster.
“ (b) The names and addresses of as many witnesses to the death of Sandra Boyster as he was able to obtain.
“(c) A description of any portable object which, in his opinion, may be used in establishing the cause or means of death of said Sandra Boyster.
“(d) A complete description of the examinations and or analyses of any portable object or objects removed by said Medical Examiner, or under his .authority together with the findings relating to the same.
“(e) The names and addresses of each person consulted by said Medical Examiner, pursuant to section 675 of the County Law, and a complete copy of their reports to said Medical Examiner.”
“(f) A complete transcript of the testimony of witnesses examined before said Medical Examiner.”
The District Attorney and the County Medical Examiner are the named respondents in this proceeding. In opposition respondents allege that petitioner is not a person entitled to make an application under section 677 (subd. 3, par. [b]) of the County Law; that respondent Medical Examiner has done all that he is required to do under the law; that the provisions of article 17-A of the County Law are inapplicable to the proceeding at bar insofar as they are in conflict with a special act of the New Tork State Legislature (L. 1932, eh. 376) and with an act of the Dutchess County Board of Supervisors (Res. 83-
Subdivision 1 of section 670 of the County Law provides that the provisions of article 17-A of the County Law do not apply in a county where such provisions are in conflict with any special act of the Legislature applicable to such county. It would appear, therefore, that the contentions of the respondents herein are sufficient to defeat petitioner’s claim for relief. Petitioner, however, argues that chapter 376 of the Laws of 1932 are unconstitutional, as such laws apply to petitioner. He contends that such laws deprive him of his equal protection under the laws and violate the due process clause of the United States Constitution. Briefly, petitioner contends that he cannot be treated under a statute in one county which deprives him of certain rights as a defendant in a criminal action to which he would be entitled in another county. It is a well-settled rule of constitutional law that a constitutional question should not be reached if a determination can otherwise be made and the legal question satisfactorily disposed of. (O’Kane v. State of New York, 283 N. Y. 439; 8 N. Y. Jur., Constitutional Law, 574, § 47.) The court is mindful of the constitutional issue raised by the petitioner herein. In reaching its decision on this petition, the court bases its opinion on its interpretation of article 17-A of the County Law and not upon a holding that the Laws of 1932 render article 17-A inapplicable.
Before reaching its decision, however, it is necessary to dispose of petitioner’s contention that relief should be granted herein for the reason that petitioner did not receive a preliminary hearing. It is fundamental that an indictment supersedes all preliminary proceedings (People v. Dillon, 197 N. Y. 254; People ex rel. Hirschberg v. Close, 1 N Y 2d 258). The absence of a preliminary hearing is not a denial of due process (cf. People ex rel. Logan v. McMann, 24 A D 2d 919). It is well settled that the lack of a preliminary hearing prior to indictment does not entitle the defendant to an order permitting the inspection of the Grand Jury minutes (People v. Pryor, 283 N. Y. 623). The fact that a preliminary hearing was or was not held is likewise of no moment here.
Turning now to article 17-A of the County Law, this court holds that petitioner is not entitled to the items demanded in his prayer for relief, which he has not already received. With respect to those he has received this petition is academic.
Petitioner has been served with a copy of the autopsy report which was conducted at the direction of the Medical Examiner.
• Petitioner also requests that a judgment issue awarding petitioner the names and addresses of as many witnesses to the death of Sandra Boyster as he was able to ascertain and a complete transcript of the statements of any witnesses examined by the Medical Examiner. Subdivision 2 of section 674 of the County Law provides that the Medical Examiner shall fully investigate the essential facts concerning the death, taking the names and addresses of as many witnesses thereto “as it may be practicable to obtain” and before “leaving the premises
As to petitioner’s claim that the Medical Examiner furnish him with transcripts of the testimony of all witnesses examined by the Medical Examiner, the same is denied. Subdivision 4 of section 674 of the County Law grants to the Medical Examiner the power to subpoena and examine witnesses under oath. In the instant case the Medical Examiner did not exercise such power. Petitioner would seem to argue that the respondent must examine witnesses under oath. That is not the case. The exercise of such power is discretionary with the Medical Examiner and should be used only when necessary to determine the cause of death. There was no such necessity in the instant ease.
Petitioner’s request that he be supplied with a copy of the report of the Medical Examiner’s investigation into the cause of death of Sandra Boyster, is academic. This report has already been made available to petitioner.
Even if the Medical Examiner had interviewed and taken the depositions of witnesses and had obtained reports of portable objects, this court would not be constrained to award, judgment for petitioner under article 17-A of the County Law. Although petitioner would like to treat the file in the office of the Medical Examiner as a public record subject to discovery without difficulty, that is not the case. Section 677 (subd. 3, par. [b]) of the County Law provides that only the District Attorney of the county has the right to inspect the records kept on file in the
"While this court is aware of a liberal trend in criminal cases permitting discovery of certain information by defendants, the law has not progressed to the point where the defendant is entitled to an “ unlimited and uncontrolled excursion into the file of each and every person indicted by a Grand Jury prior to the trial of an indictment, ’ ’ (People v. Graziano, supra, p. 937).
The petition is dismissed.