People v. Klavana 215 A.D. 816

PER CuiuAM:

Without passing upon the question of the power of the court to entertain the application, we are of opinion that the defendant has not made out a case for granting an order to bring up the witness named, under the provisions of Code of Criminal Procedure, section 10-c, subdivision 4. The application is, therefore, denied, and stay vacated. Kelly, P. J., Rich, Manning, Kapper and Lazansky, JJ., concur. Application for order requiring production of witness denied, and stay vacated.