MATTER OF SMITH v. NEW YORK COUNTY DIST. ATTORNEY'S OFF.

9580, 307718/08.

104 A.D.3d 559 (2013)

960 N.Y.S.2d 646

2013 NY Slip Op 1910

In the Matter of STEPHEN M. SMITH, Appellant, v. NEW YORK COUNTY DISTRICT ATTORNEY'S OFFICE, Respondent.

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

March 21, 2013.


Order, Supreme Court, New York County (Larry Stephen, J.), entered on or about October 10, 2012, which directed respondent-appellant to appear as a witness to testify in a criminal proceeding in an Indiana court, unanimously reversed, on the law, without costs, the petition denied and the special proceeding brought pursuant to CPL 640.10 dismissed.

The New York District Attorney's Office concedes that its failure to serve...

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