
    In the Matter of Joseph Napoli, Petitioner.
    County Court, Nassau County,
    February 6, 1976
    
      Joseph Napoli, petitioner pro se. Denis Dillon, District Attorney, for County of Nassau.
   John S. Lockman, J.

Petitioner, a potential prosecution witness in the trial of the defendant, Herman Pobliner, moves by way of a pro se application to obtain a witness fee for the time spent in Nassau County pursuant to CPL 620.80.

The petitioner is currently a prisoner who has been transported from the Attica Correctional Facility, New York State Department of Correctional Services to the Nassau County Correctional Center for purposes of the above-mentioned trial. CPL article 620 upon which the petitioner relies for the relief requested is inapplicable. The petitioner’s attendance as a witness in said trial was obtained pursuant to CPL article 630. Since the petitioner currently is a prisoner subject to the rules and regulations of the Department of Correctional Services, there is no provision under the current law to provide for fees to a witness confined in institutions within this State.

Accordingly, the petitioner’s motion is denied in all respects.  