People v. Baxter

Smith, J.P., and Valentino, J.

(dissenting). We respectfully disagree with the majority that County Court erred in denying defendant’s request for an order to produce an incarcerated witness at trial, and we therefore dissent. Initially, we agree with the majority that defendant failed to preserve for our review his constitutional challenge to the denial of his request (see People v Lane, 7 NY3d 888, 889 [2006]; People v Little, 24 AD3d 1244, 1245 [2005], lv denied 6 NY3d 835 [2006]). We further agree that defendant requested an order directing the production of the incarcerated witness and…