People v. Klavana — 215 A.D. 816

Majority

p. 816

SECOND DEPARTMENT,

January, 1926.

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. STANLEY KLAVANA, Defendant.

Headnote

Crimes - application to Appellate Division by defendant for order to bring up witness - application denied on ground that defendant has not shown right under Code of Criminal Procedure, § 10-c, subd. 4.

Application for order requiring production of witness.

Without passing upon the question of the power of the court to entertain the application, we are of opinion that the defendant has not made out a case for granting an order to bring up the witness named, under the provisions of Code of Criminal Procedure, section 10-c, subdivision 4.^[1] The application is, therefore, denied, and stay vacated. Kelly, P. J., Rich, Manning, Kapper and Lazansky, JJ., concur. Application for order requiring production of witness denied, and stay vacated.

* Added by Laws of 1920, chap. 920, which permits the Appellate Division, or the presiding justice thereof, in any department to grant an order to bring up a prisoner sentenced to death to testify as a witness. Formerly Code Civ. Proc. § 2011, as amd. by Laws of 1915, chap. 354.&emdash; [Rep.