
    The People of the State of New York, v Jesus Cabon et al., Respondents, and Police Department of the City of New York, Appellant.
   — Leave to appeal from Appellate Term denied. Concur — Carro, J. R, Rosenberger, Kassal and Smith, JJ.

Kupferman, J.,

concurs in result only, in the following memorandum. I concur in the result only on the basis that the subpoenas are for routinely prepared police reports concerning the charged crimes and, therefore, a further appeal is not warranted.

In other circumstances, People v Santos (64 NY2d 702) could be distinguished because, among other reasons, the Police Department of the City of New York is not a party to the criminal action.  