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People v. DePalo

Defense Fails to Show Exceptional Circumstances to Permit UK Witness to Testify Via Video

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DECISION AND ORDER

*1  Defendants, Robert Depalo, Pangea Trading Partners, LLC, and Excalibur Asset Management, LLC are charged with Grand Larceny in the First Degree and other related offenses. Defendants now ask this Court to permit a defense witness, Philip Parsons, who currently resides in the United Kingdom, to testify via live video pursuant to New York Judiciary Law §2-b and the Court’s inherent powers. The Prosecution opposes the application.BackgroundOn June 16, 2016, the Defendants asked the Hon. Ronald Zweibel, who was then presiding over this matter, to issue an order for Letters Rogatory. Specifically, Defendants asked Judge Zweibel to request an order from a court in the United Kingdom requiring 27 witnesses to be interrogated in the United Kingdom under the supervision of the British Courts. That motion was denied by Judge Zweibel on August 15, 2016.Defendants appealed the decision to the Appellate Division, First Department. The First Department dismissed the appeal on February 27, 2017, stating “[a] ‘defendant [in a criminal case]

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