People v. Gissendanner, 48 N.Y.2d 543 (1979), was an important decision by the Court of Appeals of New York that placed limits on the ability of a defendant to subpoena personnel records of police officers.
Background Undercover police officers in Irondequoit, New York, conducted a drug sting and arrested Vida Gissendanner.Taibbi, Matt (2014). The Divide: American Injustice in the Age of the Wealth Gap. New York: Spiegel & Grau. p. 134. . Gissendanner disputed the events described by officers and counsel attempted to subpoena their records for cross-examination, which the court refused to sign based on a lack of a "factual basis" since such records are considered confidential unless consent is given by the officer or a court order. A jury found Gissendanner guilty of selling cocaine and she received a one year to life sentence.
Decision The case established a burden of relevance for defendants wishing to access police records to confront witnesses and find exculpatory evidence.Yaryura, Adriana (1994). "CPLR 4510: New York Legislature Adopts Statute Permitting Non-Disclosure of Confidential Communications Between Certified Rape Crisis Counselors and Rape Victims". St. John's Law Review, 68(3): 794-795. The court ruled that "there is no compulsion when requests to examine records are motivated by nothing more than impeachment of witnesses' general credibility".As cited in Kliegman, Michelle (2010) "County Court of New York, Westchester County - People v. Zherka". Touro Law Review, 26(3): 885-887.
A defense counsel request to access police records is now known as a Gissendanner motion.
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