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The defendant is charged with criminal possession of a weapon in the fourth degree (PL 265.01[1]), and unlawful possession of a knife (AC 10-133[b]). By motion filed on July 18, 2017, the defendant seeks, pursuant to Civil Rights Law §50-a(2) and Criminal Procedure Law §610.25, the issuance of a subpoena duces tecum for and an in camera inspection of CCRB and NYPD personnel records pertaining to Officer Santiago, the arresting officer in this case.1 The People did not file a response to this motion. The New York City Police Department (“NYPD”) submitted an affirmation in opposition to defendant’s motion for a subpoena duces tecum. The Civilian Complaint Review Board (“CCRB”) declined to intervene in this matter. Subsequently, the defendant filed a reply to NYPD’s opposition to his motion for a subpoena duces tecum.Civil Rights Law §50-a(1) provides that police personnel records are “confidential and not subject to inspection or review without the express written consent of such police officer…except as may be mandated by lawful court order.” Further, “[p]rior to issuing such court order the judge must review all such requests and give interested parties the opportunity to be heard.

 
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