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People v. DePalo

Defendants' Showing of Need for Issuance of Commissions Inadequate; Reargument Denied

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OPINION

*1  Defendants were indicted on May 20, 2015, for Grand Larceny in the 1st Degree and related offenses. On December 8, 2017, this court orally denied defendants’ motion for the issuance of commissions to depose witnesses in Britain. Defendants have since moved to reargue the order of December 8th. That motion was denied orally on December 18, 2017. Given the repetitive and somewhat confusing nature of the defense motions in the case, which go beyond the two motions just indicated, an explanation of this court’s decisions is appropriate.IThe indictment charges in pertinent part that defendant DePalo stole millions of dollars from individuals who invested in a company called ArgentUK. On June 16, 2016, defendants moved for the issuance of Letters Rogatory. In essence, they asked that this court request an order from a court in the United Kingdom. The order would require that 27 witnesses in that country be interrogated, and the British court would supervise the process. The defense hoped thereby to obtain evidence that could be admitted at defendants’ trial. That motion denied was denied (Zweibel, J.) on August 15, 2016.Defendants appealed Justice Zweibel’s order to the Appellate Division, First Department. That Court dismissed the appeal on February 23, 2017. In a nutshell, the Court ruled that no appeal could be taken from an order entered during the course of a criminal case. People v. DePalo,

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