In re Napoli

New York County Courts

In re Napoli

85 Misc. 2d 752, 381 N.Y.S.2d 179, 1976 N.Y. Misc. LEXIS 2052

CourtNew York County Courts

DecidedFebruary 6, 1976

StatusPublished

Cited by1 cases

This text of 85 Misc. 2d 752 (In re Napoli) is published on Counsel Stack Legal Research, covering New York County Courts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Napoli, 85 Misc. 2d 752, 381 N.Y.S.2d 179, 1976 N.Y. Misc. LEXIS 2052 (N.Y. Super. Ct. 1976).

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Opinion

John S. Lockman, J.

Petitioner, a potential prosecution witness in the trial of the defendant, Herman Pobliner, moves by way of a pro se application to obtain a witness fee for the time spent in Nassau County pursuant to CPL 620.80.

The petitioner is currently a prisoner who has been transported from the Attica Correctional Facility, New York State Department of Correctional Services to the Nassau County Correctional Center for purposes of the above-mentioned trial. CPL article 620 upon which the petitioner relies for the relief requested is inapplicable. The petitioner’s attendance as a witness in said trial was obtained pursuant to CPL article 630. Since the petitioner currently is a prisoner subject to the rules and regulations of the Department of Correctional Services, [753]*753there is no provision under the current law to provide for fees to a witness confined in institutions within this State.

Accordingly, the petitioner’s motion is denied in all respects.

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John S. Lockman, J.

Petitioner, a potential prosecution witness in the trial of the defendant, Herman Pobliner, moves by way of a pro se application to obtain a witness fee for the time spent in Nassau County pursuant to CPL 620.80.

The petitioner is currently a prisoner who has been transported from the Attica Correctional Facility, New York State Department of Correctional Services to the Nassau County Correctional Center for purposes of the above-mentioned trial. CPL article 620 upon which the petitioner relies for the relief requested is inapplicable. The petitioner’s attendance as a witness in said trial was obtained pursuant to CPL article 630. Since the petitioner currently is a prisoner subject to the rules and regulations of the Department of Correctional Services, [753]*753there is no provision under the current law to provide for fees to a witness confined in institutions within this State.

Accordingly, the petitioner’s motion is denied in all respects.

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Bluebook (online)

85 Misc. 2d 752, 381 N.Y.S.2d 179, 1976 N.Y. Misc. LEXIS 2052, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-napoli-nycountyct-1976.

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