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STATE OF FLORIDA v. AXELSON

80 Misc.2d 419 (1974)

State of Florida, Plaintiff, v. Mary Y. Axelson, Defendant.

Supreme Court, Trial Term, New York County.

September 24, 1974

Attorney(s) appearing for the Case

Richard E. Gerstein, State Attorney (Richard L. Katz of counsel), for State of Florida. Richard Kuh, District Attorney (Victor A. Roque of counsel), for the People. William E. Mariano for the material witness.

GEORGE F. ROBERTS, J.

This is an application for an order pursuant to CPL 640.10 to compel the attendance of a material witness in Florida.

The prospective witness is a licensed psychologist in the State of New York. The State Attorney in Florida seeks the witness' testimony as to the mental condition of a former patient who has been charged with second degree murder. The defendant has by formal notice raised the defense of insanity.

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