Ordered that the judgment is affirmed.
The trial court's refusal to sign a material witness order to secure the appearance at trial of a proposed defense witness, the codefendant Michael Williams, in the midst of the trial, was not an improvident exercise of discretion. Defense counsel failed to satisfy the requirement of CPL 620.30 (1) that an application for a material witness order be "made in writing and subscribed and sworn to by the applicant".
Moreover...
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