People v Harris (Malcolm)

[*1] People v Harris (Malcolm) 2013 NY Slip Op 50772(U) Decided on May 14, 2013 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on May 14, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Shulman, Hunter, Jr., JJ
570850/2012. Cal. No. 12-439

The People of the State of New York, Respondent,

against

Malcolm Harris, Defendant, -and- Twitter, Inc., Non-Party Movant-Appellant.

Nonparty-appellant Twitter, Inc. appeals from an order of the Criminal Court of the City of New York, New York County (Matthew A. Sciarrino, Jr., J.), dated June 30, 2012, which, inter alia, denied its motion to quash subpoenas duces tecum.

Per Curiam.

Appeal from order (Matthew A. Sciarrino, Jr., J.), dated June 30, 2012, dismissed as academic.

Inasmuch as the records here in question were surrendered in accordance with the subpoenas, any determination by this Court with respect to the issuance of the subpoenas will not directly affect the rights of the parties or the nonparty appellant (see Matter of Roadway Express v Commissioner of NY State Dept. of Labor, 66 NY2d 742, 744 [1985]; Parton v Summit Children's Residence Ctr., 37 AD3d 688, 688 [2007]). Nor do the present circumstances warrant invoking an exception to the mootness doctrine (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: May 14, 2013