PEOPLE v. SCOTT

Contrary to defendant's contention, we find that the trial court did not abuse its discretion when it refused to enforce defendant's subpoena duces tecum addressed to the Internal Affairs Division, New York City Police Department, for the production of a confidential investigation file concerning the arresting officer, since defendant failed to demonstrate that such file contained any information related to his guilt or innocence of the instant crimes, but sought the file simply for the purpose of gaining information to impeach the general credibility of the said officer (People v. Gissendanner, 48 N.Y.2d 543, 549-550; People v. Valentine, 160 A.D.2d 325, 326, lv denied 76 N.Y.2d 797; Civil Rights Law § 50-a, [3]).

Concur — Murphy, P.J., Ellerin, Kupferman, Williams and Tom, JJ.