Epstein v. People of State of N. Y., No. 63-149
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | PER CURIAM |
| Citation | 157 So.2d 705 |
| Docket Number | No. 63-149 |
| Decision Date | 12 November 1963 |
| Parties | Roselyn EPSTEIN, Appellant, v. The PEOPLE OF the STATE OF NEW YORK, Appellee. |
Page 705
v.
The PEOPLE OF the STATE OF NEW YORK, Appellee.
Rehearing Denied Dec. 10, 1963.
Page 706
Sibley, Grusmark, Giblin, King & Levenson, Miami Beach, for appellant.
Richard W. Ervin, Atty. Gen., and Herbert P. Benn, Asst. Atty. Gen., Richard E. Gerstein, State Atty., and Roy S. Wood, Asst. State Atty., for appellee.
Before CARROLL, TILLMAN PEARSON and HENDRY, JJ.
PER CURIAM.
This is an appeal from a final order compelling attendance of a witness under the Uniform Law to Secure the Attendance of Witnesses from Within or Without a State in Criminal Proceedings. Chapter 942, Fla.Stat., F.S.A. The appellant is the witness whose return to the State of New York has been sought by that State for the express purpose of securing her testimony before a Grand Jury. The circuit judge received the certificate of a Justice of the Supreme Court of the State of New York stating, in part, as follows:
* * *
* * *
'ROSALYN EPSTEIN, now a resident of the State of Florida, is a material and necessary witness to this Grand Jury investigation and is expected to testify to matters which are material to the said proceeding and the attendance and giving of testimony to the Grand Jury in the State of New York will not cause undue hardship to the said ROSALYN EPSTEIN.
Page 707
'The presence of ROSALYN EPSTEIN will be required before the Fourth December, 1962 Grand Jury of the County of New York on March 18, 19, 20, 21, 1963 at 1:30 p. m.'* * *
* * *
Pursuant to this certificate and an attached affidavit of Jeremiah B. McKenna, an Assistant District Attorney in the County of New York, State of New York, the circuit judge conducted the hearing required by the Act; and at the conclusion thereof, entered the order which is now appealed.
The appellant has presented five points upon appeal contending that if the circuit judge had correctly applied the law, she would not be required to attend under the Act. In her first point, the appellant urges that the Dade County circuit court does not have jurisdiction to entertain the proceedings because the Act provides for the '* * * presentation of such certificate to any judge of a court of record in the county in which such person is * * *.' It is argued that since in this county there ate judges of courts of record other than judges of the circuit court, that court does not have...
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Com. v. Beneficial Finance Co.
...an Page 101 aid to a separate criminal proceeding, is not necessarily itself criminal in nature. Epstein v. People of State of New York, 157 So.2d 705, 707 (D.Ct.App.Fla.), which held that a Florida proceeding under the Uniform Witness Act, based on the certificate of a New York judge, was ......
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Tracy v. Superior Court of Maricopa County, No. CV-90-0407-SA
...prosecutions, the proceedings to compel attendance of a witness under the Uniform Act are not criminal in nature. Epstein v. New York, 157 So.2d 705, 707 (Fla.App.1963). In addition, the Uniform Act does not extend the criminal jurisdiction of the requesting jurisdiction beyond its boundari......
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Rhode Island Grand Jury Subpoena, Matter of
...In re Cooper, 127 N.J.L. 312, 22 A.2d 532 (1941); Ex parte Armes, 582 S.W.2d 434, 439 (Tex.Crim.App.1979). Accord Epstein v. New York, 157 So.2d 705, 707 (Fla.Dist.Ct.App.1963). These courts concluded that the Uniform Act's purpose is to eliminate the jurisdictional restraints that impede t......
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Wollesen v. State, No. A00A0083.
...that is prima facie good. Skakel v. State of Fla., 738 So.2d 468, 471 (Fla. App.), quoting Epstein v. People of the State of N.Y., 157 So.2d 705, 707 (Fla.App. 1963). Accord, In re State of Cal. for the County of Los Angeles &c., 57 Md.App. 804, 471 A.2d 1141, cert. denied, Rees v. County o......
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Com. v. Beneficial Finance Co.
...an Page 101 aid to a separate criminal proceeding, is not necessarily itself criminal in nature. Epstein v. People of State of New York, 157 So.2d 705, 707 (D.Ct.App.Fla.), which held that a Florida proceeding under the Uniform Witness Act, based on the certificate of a New York judge, was ......
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Tracy v. Superior Court of Maricopa County, No. CV-90-0407-SA
...prosecutions, the proceedings to compel attendance of a witness under the Uniform Act are not criminal in nature. Epstein v. New York, 157 So.2d 705, 707 (Fla.App.1963). In addition, the Uniform Act does not extend the criminal jurisdiction of the requesting jurisdiction beyond its boundari......
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Rhode Island Grand Jury Subpoena, Matter of
...In re Cooper, 127 N.J.L. 312, 22 A.2d 532 (1941); Ex parte Armes, 582 S.W.2d 434, 439 (Tex.Crim.App.1979). Accord Epstein v. New York, 157 So.2d 705, 707 (Fla.Dist.Ct.App.1963). These courts concluded that the Uniform Act's purpose is to eliminate the jurisdictional restraints that impede t......
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Wollesen v. State, No. A00A0083.
...that is prima facie good. Skakel v. State of Fla., 738 So.2d 468, 471 (Fla. App.), quoting Epstein v. People of the State of N.Y., 157 So.2d 705, 707 (Fla.App. 1963). Accord, In re State of Cal. for the County of Los Angeles &c., 57 Md.App. 804, 471 A.2d 1141, cert. denied, Rees v. County o......