Tran v. Kwok Bun Lee

OPINION OF THE COURT

Nardelli, J.

In this appeal, we are asked to determine whether Supreme Court properly denied the application of petitioner, brought pursuant to the Uniform Act to Secure the Attendance of Witnesses from Without the State in Criminal Proceedings (CPL 640.10), for a subpoena directing respondent to testify as a material and necessary witness in a pending criminal action in the state of California.

Petitioner Bobby Tran has been charged with murder in the first degree (Cal Penal Code §§ 187, 189) and personal use of a firearm (Cal Penal Code § 12022.53 [a] [1]) by the State of…