PEOPLE EX REL. FUSCO v. RYAN


204 Misc. 861 (1953)

The People of the State of New York ex rel. Otto F. Fusco, on Behalf of Anthony Galgano and Michael Galgano, Relators, v. Timothy Ryan, as Warden of Bronx City Prison, Defendant.

Supreme Court, Special Term, Bronx County.

July 16, 1953.


Attorney(s) appearing for the Case

Otto F. Fusco for relators.

George B. De Luca, District Attorney (Milton Altschuler of counsel), for defendant.


MATTHEW M. LEVY, J.

Section 618-b of the Code of Criminal Procedure provides that "Whenever a judge of a court of record in this state is satisfied, by proof on oath, that a person residing or being in this state is a necessary and material witness for the people in a criminal action or proceeding pending in any of the courts of this state, he may, after an opportunity has been given to such person to appear...

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