In re Magrino

Order, Supreme Court, New York County (Herbert Adlerberg, J.), entered February 23, 1996, which granted petitioner’s application pursuant to CPL 640.10 to compel the appearance of the custodian of records of Home Box Office (HBO) and James Lampley as material witnesses in a criminal proceeding in Florida, unanimously modified, on the facts, to the extent of dismissing as abandoned the application to produce Lampley, and otherwise affirmed, without costs.

The IAS Court properly concluded that the published and unpublished video footage of the HBO interview with the Florida criminal defendant…