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MATTER OF TRAN v. KWOK BUN LEE

29 A.D.3d 88 (2006)

810 N.Y.S.2d 467

In the Matter of BOBBY TRAN, Appellant, v. KWOK BUN LEE, Respondent.

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

March 9, 2006.

Attorney(s) appearing for the Case

Merrill Rubin, New York City, for appellant.

No appearance for respondent.

BUCKLEY, P.J., and WILLIAMS, JJ., concur with NARDELLI, J.; GONZALEZ and McGUIRE, JJ., dissent in a separate opinion by McGUIRE, J.

OPINION OF THE COURT

NARDELLI, J.

In this appeal, we are asked to determine whether Supreme Court properly denied the application of petitioner, brought pursuant to the Uniform Act to Secure the Attendance of Witnesses from Without the State in Criminal Proceedings (CPL 640.10), for a subpoena directing respondent to testify as a material and necessary witness in a pending criminal action in the state of California...

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