N.Y. CPL Law § 620.20 — New York Code / Act CPL / Part 3 / Title R / Article 620 / Section 620.20
Material witness order; when authorized; by what courts issuable; duration thereof
Status: in_force

§ 620.20  Material witness order; when authorized; by what courts\n             issuable; duration thereof.\n  1.  A material witness order may be issued upon the ground that there\nis reasonable cause to believe that a person whom the people or the\ndefendant desire to call as a witness in a pending criminal action:\n  (a)  Possesses information material to the determination of such\naction; and\n  (b)  Will not be amenable or responsive to a subpoena at a time when\nhis attendance will be sought.\n  2.  A material witness order may be issued only when:\n  (a)  An indictment has been filed in a superior court and is currently\npending therein; or\n  (b)  A grand jury proceeding has been commenced and is currently\npending; or\n  (c)  A felony complaint has been filed with a local criminal court and\nis currently pending therein.\n  3.  The following courts may issue material witness orders under the\nindicated circumstances:\n  (a)  When an indictment has been filed, or a grand jury proceeding has\nbeen commenced, or a defendant has been held by a local criminal court\nfor the action of a grand jury, a material witness order may be issued\nonly by the superior court in which such indictment is pending or by\nwhich such grand jury has been or is to be impaneled;\n  (b)  When a felony complaint is currently pending in a district court\nor in the New York City criminal court or before a superior court judge\nsitting as a local criminal court, a material witness order may be\nissued either by such court or by the superior court which would have\njurisdiction of the case upon a holding of the defendant for the action\nof the grand jury;\n  (c)  When a felony complaint is currently pending in a city court or a\ntown court or a village court, a material witness order may be issued\nonly by the superior court which would have jurisdiction of the case\nupon a holding of the defendant for the action of the grand jury.\n  4.  Unless vacated pursuant to section 620.60, a material witness\norder remains in effect during the following periods of time under the\nindicated circumstances:\n  (a)  An order issued by a superior court under the circumstances\nprescribed in paragraph (a) of subdivision three remains in effect\nduring the pendency of the criminal action in such superior court;\n  (b)  An order issued by a district court or the New York City criminal\ncourt or a superior court judge sitting as a local criminal court, under\ncircumstances prescribed in paragraph (b) of subdivision three, remains\nin effect (i) until the disposition of the felony complaint pending in\nsuch court, and (ii) if the defendant is held for the action of a grand\njury, during the pendency of the grand jury proceeding, and (iii) if an\nindictment results, for a period of ten days following the filing of\nsuch indictment, and (iv) if within such ten day period such order is\nindorsed by the superior court in which the indictment is pending,\nduring the pendency of the action in such superior court.  Upon such\nindorsement, the order is deemed to be that of the superior court.\n  (c)  An order issued by a superior court under circumstances\nprescribed in paragraph (c) of subdivision three remains in effect (i)\nuntil the disposition of the felony complaint pending in the city, town\nor village court, and (ii) if the defendant is held for the action of\nthe grand jury, during the pendency of the action in the superior court.\n