People v. Lamberty

OPINION OF THE COURT

Alfred H. Kleiman, J.

The defendant, Miguel Lamberty, was indicted by the Bronx County Grand Jury on April 22, 1976, for the crimes of assault in the first degree, assault in the second degree and criminal possession of a weapon in the fourth degree.

The People moved, by order to show cause, returnable November 28, 1977, for an order pursuant to CPL article 660 to have a prospective eyewitness, to wit, a Mr. Thomas Soler, examined conditionally, "and on video tape” to perpetuate his testimony for trial. A hearing was held on December 8, 1977 to determine whether the People’s…