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PEOPLE v. NEPTUNE

161 Misc.2d 781 (1994)

615 N.Y.S.2d 265

The People of the State of New York, Plaintiff, v. Bensale Neptune, Defendant.

Supreme Court, Kings County.

July 7, 1994

Attorney(s) appearing for the Case

Desmond Green for defendant. Charles J. Hynes, District Attorney of Kings County (Pat Sachs of counsel), for plaintiff.

ABRAHAM G. GERGES, J.

The issue in this case is whether the Assistant District Attorney (ADA) acted properly when she issued a subpoena to a defense witness. The subpoena required the witness to appear at a hearing at which she would not be testifying, and was accompanied by a letter requesting a meeting with the Assistant District Attorney prior to the hearing. This court rules that the subpoena was improper.

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