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MATTER OF GRACE

222 A.D.2d 224 (1995)

634 N.Y.S.2d 473

In the Matter of Robert Grace, as Deputy District Attorney of Los Angeles County, Petitioner. Kevin Powell, Appellant; Robert M. Morgenthau, as District Attorney of New York County, Respondent

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

December 5, 1995

The certificate of materiality issued by the California Judge, and the accompanying submissions presented to Supreme Court, New York County, provided ample basis for its determinations that appellant's testimony was both material and necessary to the pending California prosecution, and that no undue hardship existed, such that issuance of the subpoena compelling him to appear and testify was proper (CPL 640.10 [2]; see, Matter of Codey [Capital Cities, Am. Broadcasting...

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