In 2006, Kuby was subpoenaed by the defense to testify at the second trial of John A. Gotti, the son of Gambino crime family leader John Gotti, which included the charges for the kidnapping and attempted murder of Kuby's then on-air co-host, Curtis Sliwa. Kuby testified that in a 1998 conversation, Gotti said he had wanted to leave organized crime. "He told me he was sick of this life", Kuby told the court. "He wanted to rejoin his family and be done with this." Sliwa reacted angrily to his longtime co-host's testimony for the defense, calling him a "Judas", though Kuby claimed he was following the law by answering a subpoena to testify.