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IN THE MATTER OF CODEY (CAPITAL CITIES)

183 A.D.2d 126 (1992)

In the Matter of Robert H. Codey, on Behalf of The State of New Jersey, Respondent. Capital Cities, American Broadcasting Corp., Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 27, 1992

Attorney(s) appearing for the Case

Gregory L. Diskant of counsel (Crystal Mayner with him on the brief; Patterson, Belknap, Webb & Tyler, attorneys), for appellant.

Paul Harnisch of counsel (Patrick J. Hynes with him on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

WALLACH and ASCH, JJ., concur with ELLERIN, J.; MURPHY, P. J., dissents in a separate opinion.

ELLERIN, J.

On this appeal we are called upon to interpret the provisions of the Uniform Act to Secure the Attendance of Witnesses from Without the State which is codified in this State in CPL 640.10.

In April 1991 petitioner, on behalf of the State of New Jersey, moved in Criminal Term of the Supreme Court of New York for a subpoena compelling the appearance of respondent Capital Cities, American Broadcasting...

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