reglab/statecodes huggingface dataset:
2023 New York Laws › CPL - Criminal Procedure › Part 3 - Special Proceedings and Miscellaneous Procedures › Title Q - Procedures for Securing Attendance at Criminal Actions and Proceedings of Defendants Not Securable by Conventional Means--and Related Matters › Article 590 - Securing Attendance of Defendants Who Are Outside the United States › 590.10 - Securing Attendance of Defendants Who Are Outside the United States.

§  590.10   Securing attendance of defendants who are outside the United
States.
1.  When a criminal action for an offense committed in this  state  is
  pending  in a criminal court of this state against a defendant who is in
  a foreign country with  which  the  United  States  has  an  extradition
  treaty,  and  when the accusatory instrument charges an offense which is
  declared in such treaty to be an extraditable one, the district attorney
  of the county in which such offense was allegedly committed may make  an
  application  to  the  Governor, requesting him to make an application to
  the President of the United States to institute extradition  proceedings
  for  the  return  of  the  defendant  to  this country and state for the
  purpose  of  prosecution  of  such  action.    The  district  attorney's
  application   must   comply   with  rules,  regulations  and  guidelines
  established  by  the  Governor  for  such  applications  and   must   be
  accompanied  by  all  the  accusatory  instruments, affidavits and other
  documents required by such rules, regulations and guidelines.
2.  Upon receipt of the district attorney's application, the Governor,
  if satisfied that the defendant is in the foreign country  in  question,
  that  the  offense charged is an extraditable one pursuant to the treaty
  in question, and that there are no factors or impediments which  in  law
  preclude such an extradition, may in his discretion make an application,
  addressed  to  the  secretary  of state of the United States, requesting
  that  the  President  of  the  United   States   institute   extradition
  proceedings  for  the return of the defendant from such foreign country.
  The Governor's application  must  comply  with  rules,  regulations  and
  guidelines  established  by the secretary of state for such applications
  and must be accompanied by all the  accusatory  instruments,  affidavits
  and other documents required by such rules, regulations and guidelines.
3.    If  the Governor's application is granted and the extradition is
  achieved or attempted, all expenses incurred therein must  be  borne  by
  the county from which the application emanated.
4.    The  provisions  of this section apply equally to extradition or
  attempted extradition of a person who is a fugitive following the  entry
  of  a  judgment  of  conviction  against him in a criminal court of this
  state.
2023 New York Laws › CPL - Criminal Procedure › Part 3 - Special Proceedings and Miscellaneous Procedures › Title Q - Procedures for Securing Attendance at Criminal Actions and Proceedings of Defendants Not Securable by Conventional Means--and Related Matters › Article 600 - Securing Attendance of Corporate Defendants and Related Matters › 600.10 - Corporate Defendants; Securing Attendance.

§ 600.10  Corporate defendants; securing attendance.
1.    The court attendance of a corporation for purposes of commencing
  or prosecuting a criminal action against it may be accomplished  by  the
  issuance and service of a summons or an appearance ticket if such action
  has been or is about to be commenced in a local criminal court, and by a
  corporate summons if such action has been commenced in a superior court.
  Such  process must be served upon the corporation by delivery thereof to
  an officer, director, managing or general agent, or cashier or assistant
  cashier of such corporation or to any other agent  of  such  corporation
  authorized by appointment or by law to receive service of process.
2.    A  "corporate  summons"  is a process issued by a superior court
  directing a corporate defendant designated in an  indictment  to  appear
  before   it  at  a  designated  future  time  in  connection  with  such
  indictment.  A corporate summons must be generally  in  the  form  of  a
  summons as prescribed in subdivision two of section 130.10.  A corporate
  summons  may  be  served  by  a public servant designated by the issuing
  court, and may be served anywhere in the state.
2023 New York Laws › CPL - Criminal Procedure › Part 3 - Special Proceedings and Miscellaneous Procedures › Title Q - Procedures for Securing Attendance at Criminal Actions and Proceedings of Defendants Not Securable by Conventional Means--and Related Matters › Article 600 - Securing Attendance of Corporate Defendants and Related Matters › 600.20 - Corporate Defendants; Prosecution Thereof.

§ 600.20  Corporate defendants; prosecution thereof.
At  all  stages  of  a  criminal action, from the commencement thereof
  through sentence, a corporate defendant must appear by  counsel.    Upon
  failure  of appearance at the time such defendant is required to enter a
  plea to the accusatory instrument, the court may enter a plea of  guilty
  and impose sentence.
2023 New York Laws › CPL - Criminal Procedure › Part 3 - Special Proceedings and Miscellaneous Procedures › Title R - Procedures for Securing Attendance of Witnesses in Criminal Actions › Article 610 - Securing Attendance of Witnesses by Subpoena › 610.10 - Securing Attendance of Witnesses by Subpoena; in General.

§ 610.10  Securing attendance of witnesses by subpoena; in general.
1.    Under  circumstances  prescribed  in  this  article, a person at
  liberty within the state may be required  to  attend  a  criminal  court
  action  or  proceeding as a witness by the issuance and service upon him
  of a subpoena.
2.  A "subpoena" is a process of a court directing the person to  whom
  it is addressed to attend and appear as a witness in a designated action
  or  proceeding  in  such court, on a designated date and any recessed or
  adjourned date of the action or proceeding.   If the  witness  is  given
  reasonable  notice  of such recess or adjournment, no further process is
  required to compel his attendance on the adjourned date.
3.  As used in this article, "subpoena"  includes  a  "subpoena  duces
  tecum."    A subpoena duces tecum is a subpoena requiring the witness to
  bring with him and produce specified physical evidence.
2023 New York Laws › CPL - Criminal Procedure › Part 3 - Special Proceedings and Miscellaneous Procedures › Title R - Procedures for Securing Attendance of Witnesses in Criminal Actions › Article 610 - Securing Attendance of Witnesses by Subpoena › 610.20 - Securing Attendance of Witnesses by Subpoena; When and by Whom Subpoena May Be Issued.

§  610.20 Securing attendance of witnesses by subpoena; when and by whom
subpoena may be issued.
1. Any criminal court may issue a subpoena for  the  attendance  of  a
  witness in any criminal action or proceeding in such court.
2.  A  district attorney, or other prosecutor where appropriate, as an
  officer of a criminal court in which he is conducting the prosecution of
  a criminal action or proceeding, may issue a  subpoena  of  such  court,
  subscribed  by himself, for the attendance in such court or a grand jury
  thereof of any witness whom the people are  entitled  to  call  in  such
  action or proceeding.
3.  An attorney for a defendant in a criminal action or proceeding, as
  an officer of a criminal court, may issue  a  subpoena  of  such  court,
  subscribed  by  himself, for the attendance in such court of any witness
  whom the defendant is entitled to call in such action or proceeding.  An
  attorney  for  a  defendant  may not issue a subpoena duces tecum of the
  court directed to any department, bureau or agency of the state or of  a
  political  subdivision  thereof,  or  to  any  officer or representative
  thereof, unless the subpoena is indorsed by the court  and  provides  at
  least  three  days for the production of the requested materials. In the
  case of an emergency, the court may by order dispense with the three-day
  production period.
4. The showing required to sustain any subpoena under this section  is
  that  the  testimony  or  evidence  sought  is  reasonably  likely to be
  relevant and material to  the  proceedings,  and  the  subpoena  is  not
  overbroad or unreasonably burdensome.
2023 New York Laws › CPL - Criminal Procedure › Part 3 - Special Proceedings and Miscellaneous Procedures › Title R - Procedures for Securing Attendance of Witnesses in Criminal Actions › Article 610 - Securing Attendance of Witnesses by Subpoena › 610.25 - Securing Attendance of Witness by Subpoena; Possession of Physical Evidence.

§  610.25    Securing  attendance  of witness by subpoena; possession of
physical evidence.
1.  Where a subpoena duces tecum is issued on reasonable notice to the
  person subpoenaed, the court or grand  jury  shall  have  the  right  to
  possession of the subpoenaed evidence.  Such evidence may be retained by
  the court, grand jury or district attorney on behalf of the grand jury.
2.    The  possession  shall be for a period of time, and on terms and
  conditions, as may reasonably be required for the action or  proceeding.
  The reasonableness of such possession, time, terms, and conditions shall
  be  determined  with consideration for, among other things, (a) the good
  cause shown by the party issuing the subpoena or  in  whose  behalf  the
  subpoena  is  issued,  (b) the rights and legitimate needs of the person
  subpoenaed and (c) the feasibility and appropriateness of making  copies
  of  the evidence.   The cost of reproduction and transportation incident
  thereto shall be borne by the  person  or  party  issuing  the  subpoena
  unless  the  court  determines  otherwise  in  the  interest of justice.
  Nothing in this article shall be deemed to prohibit the designation of a
  return date for a subpoena duces tecum prior to trial.   Where  physical
  evidence  specified  to  be  produced  will  be sought to be retained in
  custody, notice of such fact shall be given the subpoenaed  party.    In
  any case where the court receives or retains evidence prior to trial, it
  may,  as  may  otherwise be authorized by law, grant the issuing party a
  reasonable opportunity to inspect such evidence.
2023 New York Laws › CPL - Criminal Procedure › Part 3 - Special Proceedings and Miscellaneous Procedures › Title R - Procedures for Securing Attendance of Witnesses in Criminal Actions › Article 610 - Securing Attendance of Witnesses by Subpoena › 610.30 - Securing Attendance of Witnesses by Subpoena; Where Subpoena May Be Served.

§  610.30   Securing attendance of witnesses by subpoena; where subpoena
may be served.
1.   A subpoena of any criminal  court,  issued  pursuant  to  section
  610.20,  may be served anywhere in the county of issuance or anywhere in
  an adjoining county.
2.   A subpoena of a superior court  or  of  a  superior  court  judge
  sitting  as  a  local criminal court, issued pursuant to section 610.20,
  may be served anywhere in the state.
3.  A subpoena of a district court or of the New  York  City  criminal
  court,  issued pursuant to section 610.20, may be served anywhere in the
  state; provided that, if such subpoena is issued by a prosecutor  or  by
  an attorney for a defendant, it may be served in a county other than the
  county  of  issuance  or  an  adjoining  county only if such court, upon
  application of such prosecutor or attorney, endorses upon such  subpoena
  an order for the attendance of the witness.
4.    A  subpoena  of a city court or a town court or a village court,
  issued pursuant to section 610.20, may be served in a county other  than
  the  one  of  issuance  or  an adjoining county if a judge of a superior
  court, upon application of the issuing court or the district attorney or
  an attorney for the defendant, endorses upon such subpoena an order  for
  the attendance of the witness.
2023 New York Laws › CPL - Criminal Procedure › Part 3 - Special Proceedings and Miscellaneous Procedures › Title R - Procedures for Securing Attendance of Witnesses in Criminal Actions › Article 610 - Securing Attendance of Witnesses by Subpoena › 610.40 - Securing Attendance of Witnesses by Subpoena; How and by Whom Subpoena May Be Served.

§  610.40  Securing attendance of witnesses by subpoena; how and by whom
subpoena may be served.
A subpoena may be served by any person more than eighteen  years  old.
  Service  must  be  made in the manner provided by the civil practice law
  and rules for the service of subpoenas in civil cases.
2023 New York Laws › CPL - Criminal Procedure › Part 3 - Special Proceedings and Miscellaneous Procedures › Title R - Procedures for Securing Attendance of Witnesses in Criminal Actions › Article 610 - Securing Attendance of Witnesses by Subpoena › 610.50 - Securing Attendance of Witness by Subpoena; Fees.

§ 610.50  Securing attendance of witness by subpoena; fees.
1.    A  witness  subpoenaed  by  the  people  in a criminal action is
  entitled to the same fees and mileage as a witness in  a  civil  action,
  payable by the treasurer of the county upon the certificate of the court
  or  the  clerk  thereof, stating the number of days the witness actually
  attended and the number of miles traveled by him in order to attend.  In
  any such action, the court may, by order, direct the county treasurer to
  pay to such witness  a  further  reasonable  sum  for  expenses,  to  be
  specified in the order, and the county treasurer, upon the production of
  the  order  or  a  certified  copy thereof, must pay the witness the sum
  specified therein out of the county treasury.   Such certificates  shall
  only be issued by the court or the clerk thereof, upon the production of
  the affidavit of the witness, stating that he attended as such either on
  subpoena  or  request  of  the  district  attorney,  the number of miles
  necessarily traveled and the duration of attendance.  An officer in  any
  state  department  who  attends  as  a witness under this section in his
  official capacity, or in consequence of any  official  action  taken  by
  him,  and  who  receives  a  fixed  sum  in  lieu of expenses, or who is
  entitled to receive the actual expenses incurred by him in the discharge
  of his official duties, is  not  entitled  to  the  compensation  herein
  provided.
2.   A witness subpoenaed by the defendant in a criminal action is not
  entitled as of right to witness and mileage fees, but the court  may  in
  its  discretion,  by order, direct the county treasurer to pay to such a
  witness a reasonable sum for expenses, to be  specified  in  the  order.
  Upon the production of the order or a certified copy thereof, the county
  treasurer  must  pay  the  witness the sum specified therein, out of the
  county treasury.
2023 New York Laws › CPL - Criminal Procedure › Part 3 - Special Proceedings and Miscellaneous Procedures › Title R - Procedures for Securing Attendance of Witnesses in Criminal Actions › Article 620 - Securing Attendance of Witnesses by Material Witness Order › 620.10 - Material Witness Order; Defined.

§ 620.10  Material witness order; defined.
A  material  witness  order  is a court order (a) adjudging a person a
  material witness in a pending criminal action and  (b)  fixing  bail  to
  secure his future attendance thereat.
2023 New York Laws › CPL - Criminal Procedure › Part 3 - Special Proceedings and Miscellaneous Procedures › Title R - Procedures for Securing Attendance of Witnesses in Criminal Actions › Article 620 - Securing Attendance of Witnesses by Material Witness Order › 620.30 - Material Witness Order; Commencement of Proceeding by Application; Procurement of Appearance of Prospective Witness.

§  620.30    Material  witness  order;  commencement  of  proceeding  by
application;  procurement  of  appearance  of   prospective
witness.
1.    A  proceeding  to  adjudge  a  person a material witness must be
commenced by application to the appropriate court, made in  writing  and
subscribed and sworn to by the applicant, demonstrating reasonable cause
to  believe  the  existence of facts, as specified in subdivision one of
section 620.20, warranting the adjudication of such person as a material
witness.
2.  If the court is satisfied that the application  is  well  founded,
the  prospective  witness may be compelled to appear in response thereto
as follows:
(a)  The court may issue an order directing him to appear therein at a
designated time in order that a determination may  be  made  whether  he
should  be  adjudged  a  material witness, and, upon personal service of
such order or a copy thereof within the state, he must so appear.
(b)  If in addition to the allegations specified in  subdivision  one,
the  application  contains  further  allegations  demonstrating  to  the
satisfaction of the court reasonable  cause  to  believe  that  (i)  the
witness  would  be  unlikely  to respond to such an order, or (ii) after
previously having been served with such an order,  he  did  not  respond
thereto,  the  court  may issue a warrant addressed to a police officer,
directing such officer to take such  prospective  witness  into  custody
within  the  state  and to bring him before the court forthwith in order
that a proceeding may be conducted to determine  whether  he  is  to  be
adjudged a material witness.
2023 New York Laws › CPL - Criminal Procedure › Part 3 - Special Proceedings and Miscellaneous Procedures › Title R - Procedures for Securing Attendance of Witnesses in Criminal Actions › Article 620 - Securing Attendance of Witnesses by Material Witness Order › 620.40 - Material Witness Order; Arraignment.

§ 620.40  Material witness order; arraignment.
1.    When the prospective witness appears before the court, the court
  must inform him of the nature and purpose of the proceeding, and that he
  is entitled to a prompt hearing upon the issue of whether he  should  be
  adjudged  a material witness.  The prospective witness possesses all the
  rights, and is entitled to all the court instructions, with  respect  to
  right  to  counsel,  opportunity  to  obtain  counsel  and assignment of
  counsel in case of financial inability to retain such,  which,  pursuant
  to  subdivisions  three  through  five  of  section  180.10, accrue to a
  defendant arraigned upon a felony complaint in a local criminal court.
2.   If the  proceeding  is  adjourned  at  the  prospective  witness'
  instance,  for  the purpose of obtaining counsel or otherwise, the court
  must order him to appear upon the adjourned date.  The court may further
  fix bail to secure his appearance upon such date or until the proceeding
  is completed and, upon default thereof, may commit him to the custody of
  the sheriff for such period.
2023 New York Laws › CPL - Criminal Procedure › Part 3 - Special Proceedings and Miscellaneous Procedures › Title R - Procedures for Securing Attendance of Witnesses in Criminal Actions › Article 620 - Securing Attendance of Witnesses by Material Witness Order › 620.50 - Material Witness Order; Hearing, Determination and Execution of Order.

§ 620.50 Material witness order; hearing, determination and execution of
order.
1. The hearing upon the application must be conducted as follows:
(a)  The applicant has the burden of proving by a preponderance of the
evidence all facts essential to support a material  witness  order,  and
any testimony so adduced must be given under oath;
(b)  The  prospective  witness  may  testify under oath or may make an
unsworn statement;
(c) The prospective witness may call witnesses in his behalf, and  the
court  must  cause  process  to  be  issued for any such witness whom he
reasonably wishes to call, and any testimony so adduced  must  be  given
under oath;
(d)  Upon  the  hearing,  evidence  tending  to  demonstrate  that the
prospective witness does or does not possess information material to the
criminal action in issue, or that he will or will  not  be  amenable  or
respond  to  a  subpoena  at  the time his attendance will be sought, is
admissible even though it consists of hearsay.
2. If the  court  is  satisfied  after  such  hearing  that  there  is
reasonable  cause  to believe that the prospective witness (a) possesses
information material to the pending action or proceeding, and  (b)  will
not  be  amenable or respond to a subpoena at a time when his attendance
will be sought, it may issue a material witness order, adjudging  him  a
material witness and fixing bail to secure his future attendance.
3. A material witness order must be executed as follows:
(a) If the bail is posted and approved by the court, the witness must,
as  provided  in  subdivision  two  of  section  510.40 of this part, be
released and be permitted to remain at liberty; provided that, where the
bail is posted by a person other than the witness himself, he may not be
so released except upon his signed written consent thereto;
(b) If the bail is not posted, or if though posted it is not  approved
by  the  court,  the  witness  must,  as  provided in subdivision two of
section 510.40 of this part, be committed to the custody of the sheriff.
2023 New York Laws › CPL - Criminal Procedure › Part 3 - Special Proceedings and Miscellaneous Procedures › Title R - Procedures for Securing Attendance of Witnesses in Criminal Actions › Article 620 - Securing Attendance of Witnesses by Material Witness Order › 620.60 - Material Witness Order; Vacation, Modification and Amendment Thereof.

§  620.60   Material witness order; vacation, modification and amendment
thereof.
1.  At any time after a material witness order  has  been  issued  the
  court  must,  upon application of such witness, with notice to the party
  upon whose application the order was issued, and with opportunity to  be
  heard,  make  inquiry  whether  by  reason  of  new  or changed facts or
  circumstances the material witness  order  is  no  longer  necessary  or
  warranted,  or,  if  it  is, whether the original bail currently appears
  excessive.  Upon making any such determination, the  court  must  vacate
  the  order.    If  its  determination  is  that  the  order is no longer
  necessary or warranted, it  must,  as  the  situation  requires,  either
  discharge  the  witness  from  custody  or  exonerate the bail.   If its
  determination is that the bail is excessive, it must issue a  new  order
  fixing bail in a lesser amount or on less burdensome terms.
2.    At any time when a witness is at liberty upon bail pursuant to a
  material witness order, the court may, upon  application  of  the  party
  upon  whose application the order was issued, with notice to the witness
  if possible and to his attorney if any and opportunity to be heard, make
  inquiry whether, by reason of new or changed facts or circumstances, the
  original bail is no longer sufficient to secure the future attendance of
  the witness at the pending action.   Upon making such  a  determination,
  the  court  must vacate the order and issue a new order fixing bail in a
  greater amount or on terms more likely to secure the  future  attendance
  of the witness.
2023 New York Laws › CPL - Criminal Procedure › Part 3 - Special Proceedings and Miscellaneous Procedures › Title R - Procedures for Securing Attendance of Witnesses in Criminal Actions › Article 620 - Securing Attendance of Witnesses by Material Witness Order › 620.70 - Material Witness Order; Compelling Attendance of Witness Who Fails to Appear.

§  620.70   Material witness order; compelling attendance of witness who
fails to appear.
If a witness at liberty on bail pursuant to a material  witness  order
  cannot  be  found or notified at the time his appearance as a witness is
  required, or if after notification he fails to appear in such action  or
  proceeding  as  required,  the court may issue a warrant, addressed to a
  police officer, directing such officer to take such witness into custody
  anywhere within the state and to bring him to the court forthwith.
2023 New York Laws › CPL - Criminal Procedure › Part 3 - Special Proceedings and Miscellaneous Procedures › Title R - Procedures for Securing Attendance of Witnesses in Criminal Actions › Article 620 - Securing Attendance of Witnesses by Material Witness Order › 620.80 - Material Witness Order; Witness Fee.

§ 620.80  Material witness order; witness fee.
A witness held in the custody of the sheriff as a result of a material
  witness order must be paid the sum of three dollars per day for each day
  of  confinement  in such custody.   Such compensation is a county charge
  and is payable upon release of such material witness from custody or, in
  the discretion of the court, at any designated times or intervals during
  the confinement as the court may deem appropriate.
2023 New York Laws › CPL - Criminal Procedure › Part 3 - Special Proceedings and Miscellaneous Procedures › Title R - Procedures for Securing Attendance of Witnesses in Criminal Actions › Article 630 - Securing Attendance as Witnesses of Persons Confined in Institutions Within the State › 630.10 - Securing Attendance of Witnesses Confined in Institutions Within the State; in General.

§  630.10    Securing  attendance  of witnesses confined in institutions
within the state; in general.
Under the circumstances prescribed in this article, a person  confined
  in  an institution within this state pursuant to a court order may, upon
  application of a party to a criminal action or proceeding, demonstrating
  reasonable cause to  believe  that  such  person  possesses  information
  material  thereto,  be  produced  by court order and compelled to attend
  such action or proceeding as a witness.
2023 New York Laws › CPL - Criminal Procedure › Part 3 - Special Proceedings and Miscellaneous Procedures › Title R - Procedures for Securing Attendance of Witnesses in Criminal Actions › Article 630 - Securing Attendance as Witnesses of Persons Confined in Institutions Within the State › 630.20 - Securing Attendance of Witnesses Confined in Institutions Within the State; When and by What Courts Order May Be Issued.

§  630.20    Securing  attendance  of witnesses confined in institutions
within the state; when and by  what  courts  order  may  be
issued.
The   following   courts   and   judges   may,   under  the  indicated
  circumstances, order production as  witnesses  of  persons  confined  by
  court order in institutions within the state.
1.   If the criminal action or proceeding is one pending in a superior
  court or with a superior court judge sitting as a local criminal  court,
  such  court  may,  except  as  provided  in  subdivision four, order the
  production as a witness therein of a person confined in any  institution
  in the state.
2.   If the criminal action or proceeding is one pending in a district
  court or the New York City criminal court,  such  court  may  order  the
  production  as a witness therein of a person confined in any institution
  within the state other than a state prison.   Production  therein  of  a
  prospective  witness  confined in a state prison may, except as provided
  in subdivision four, be ordered, upon application of the party  desiring
  to  call  him,  by a judge of a superior court holding a term thereof in
  the county in which the action or proceeding is pending.
3.  If the criminal action or proceeding is  one  pending  in  a  city
  court  or  a  town  court  or  a village court, such court may order the
  production as a witness therein of a person confined in a county jail of
  such county.  Production therein of a prospective  witness  confined  in
  any  other  institution  within  the  state  may,  except as provided in
  subdivision four, be ordered, upon application of the party desiring  to
  call  him,  by a judge of a superior court holding a term thereof in the
  county in which the action or proceeding is pending.
4.  Regardless of the court in which the criminal action or proceeding
  is pending, production as a witness therein of a prisoner who  has  been
  sentenced  to  death  may  be  ordered,  upon  application  of the party
  desiring to call him, only by a justice of the appellate division of the
  department  in  which  the  action  or  proceeding  is  pending.     The
  application  for  such  order,  if  made  by the defendant, must be upon
  notice to the district attorney of the county in  which  the  action  or
  proceeding  is  pending, and an application made by either party must be
  based upon a showing that the prisoner's attendance is clearly necessary
  in the interests of justice.  Upon issuing such an order, the  appellate
  division  justice  may  fix  and include therein any terms or conditions
  which he deems appropriate for execution thereof.
2023 New York Laws › CPL - Criminal Procedure › Part 3 - Special Proceedings and Miscellaneous Procedures › Title R - Procedures for Securing Attendance of Witnesses in Criminal Actions › Article 650 - Securing Attendance as Witnesses of Prisoners Confined in Institutions of Other Jurisdictions of the United States-Rendition to Other Jur › 650.10 - Securing Attendance of Prisoner in This State as Witness in Proceeding Without the State.

§  650.10  Securing  attendance  of prisoner in this state as witness in
proceeding without the state.
If a judge of a court of record in any other state, which by its  laws
  has made provision for commanding a prisoner within that state to attend
  and  testify  in this state, certifies under the seal of that court that
  there is a criminal prosecution pending in such court or  that  a  grand
  jury  investigation  has  commenced, and that a person confined in a New
  York state correctional institution or prison within the  department  of
  corrections  and  community supervision, other than a person confined as
  criminally mentally ill, or as a defective delinquent,  or  confined  in
  the  death  house  awaiting  execution,  is  a  material witness in such
  prosecution or investigation and that his or her  presence  is  required
  for  a specified number of days, upon presentment of such certificate to
  a judge of a superior court in the county where the person is  confined,
  upon  notice  to  the attorney general, such judge, shall fix a time and
  place for a hearing and shall make  an  order  directed  to  the  person
  having  custody of the prisoner requiring that such prisoner be produced
  at the hearing.
If at such hearing  the  judge  determines  that  the  prisoner  is  a
  material  and necessary witness in the requesting state, the judge shall
  issue an order directing that the prisoner attend in the court where the
  prosecution or investigation is pending, upon such terms and  conditions
  as the judge prescribes, including among other things, provision for the
  return of the prisoner at the conclusion of his or her testimony, proper
  safeguards  on his or her custody, and proper financial reimbursement or
  other payment by the demanding jurisdiction for all expenses incurred in
  the production and return of the prisoner.
The attorney general is authorized as agent for the state of New York,
  when in his or  her  judgment  it  is  necessary,  to  enter  into  such
  agreements   with   the   appropriate   authorities   of  the  demanding
  jurisdiction  as  he  or  she  determines  necessary  to  ensure  proper
  compliance with the order of the court.
2023 New York Laws › CPL - Criminal Procedure › Part 3 - Special Proceedings and Miscellaneous Procedures › Title R - Procedures for Securing Attendance of Witnesses in Criminal Actions › Article 650 - Securing Attendance as Witnesses of Prisoners Confined in Institutions of Other Jurisdictions of the United States-Rendition to Other Jur › 650.20 - Securing Attendance of Prisoner Outside the State as Witness in Criminal Action in the State.

§  650.20   Securing attendance of prisoner outside the state as witness
in criminal action in the state.
1.  When (a) a criminal action is pending in a court of record of this
  state, or a grand jury proceeding has been commenced, and (b)  there  is
  reasonable  cause  to  believe  that a person confined in a correctional
  institution or prison of another state, other  than  a  person  awaiting
  execution of a sentence of death or one confined as mentally ill or as a
  defective  delinquent,  possesses  information material to such criminal
  action or proceeding, and (c) the attendance of such person as a witness
  in such action or proceeding is desired by a party thereto, and (d)  the
  state in which such person is confined possesses a statute equivalent to
  section  650.10, the court in which such action or proceeding is pending
  may issue a certificate under the seal of  such  court,  certifying  all
  such  facts  and that the attendance of such person as a witness in such
  court is required for a specified number of days.
2.  Such certificate may be issued upon  application,  of  either  the
  people  or  a  defendant,  demonstrating  all  the  facts  specified  in
  subdivision one.
3.  Upon issuing such a certificate, the  court  may  deliver  it,  or
  cause  or  authorize  it  to be delivered, to a judge or a court of such
  other state who or which, pursuant to the laws thereof, is authorized to
  initiate or undertake legal action for the delivery of such prisoners to
  this state as witnesses.
2023 New York Laws › CPL - Criminal Procedure › Part 3 - Special Proceedings and Miscellaneous Procedures › Title R - Procedures for Securing Attendance of Witnesses in Criminal Actions › Article 650 - Securing Attendance as Witnesses of Prisoners Confined in Institutions of Other Jurisdictions of the United States-Rendition to Other Jur › 650.30 - Securing Attendance of Prisoner in Federal Institution as Witness in Criminal Action in the State.

§  650.30    Securing  attendance  of prisoner in federal institution as
witness in criminal action in the state.
1.  When (a) a criminal action is pending in a court of record of this
  state by reason of the filing therewith of an accusatory instrument,  or
  a  grand jury proceeding has been commenced, and (b) there is reasonable
  cause to believe that a person confined in a  federal  prison  or  other
  federal   custody,  either  within  or  outside  this  state,  possesses
  information material to such criminal action or proceeding, and (c)  the
  attendance  of  such person as a witness in such action or proceeding is
  desired by a party thereto, a superior court, at  a  term  held  in  the
  county  in  which  such  action  or  proceeding  is pending, may issue a
  certificate,  known  as  a  writ  of  habeas  corpus  ad  testificandum,
  addressed  to  the attorney general of the United States, certifying all
  such facts and requesting the attorney general of the United  States  to
  cause  the  attendance  of  such person as a witness in such court for a
  specified number of days under custody of a federal public servant.
2.  Such a certificate may be issued upon application  of  either  the
  people  or  a  defendant,  demonstrating  all  the  facts  specified  in
  subdivision one.
3.  Upon issuing such certificate, the court may deliver it, or  cause
  or  authorize  it to be delivered, to the attorney general of the United
  States or to his representative authorized to entertain the request.
2023 New York Laws › CPL - Criminal Procedure › Part 3 - Special Proceedings and Miscellaneous Procedures › Title S - Procedures for Securing Testimony for Future Use,and for Using Testimony Given in a Prior Proceeding › Article 660 - Securing Testimony for Use in a Subsequent Proceeding--Examination of Witnesses Conditionally › 660.10 - Examination of Witnesses Conditionally; in General.

§ 660.10  Examination of witnesses conditionally; in general.
After  a  defendant  has been arraigned upon an accusatory instrument,
  and under circumstances prescribed in this  article,  a  criminal  court
  may,  upon application of either the people or a defendant, order that a
  witness or prospective witness in the action be  examined  conditionally
  under oath in order that such testimony may be received into evidence at
  subsequent proceedings in or related to the action.
2023 New York Laws › CPL - Criminal Procedure › Part 3 - Special Proceedings and Miscellaneous Procedures › Title S - Procedures for Securing Testimony for Future Use,and for Using Testimony Given in a Prior Proceeding › Article 660 - Securing Testimony for Use in a Subsequent Proceeding--Examination of Witnesses Conditionally › 660.20 - Examination of Witnesses Conditionally; Grounds for Order.

§ 660.20  Examination of witnesses conditionally; grounds for order.
An  order  directing  examination  of  a witness conditionally must be
based upon the ground that there is reasonable  cause  to  believe  that
such witness:
1.     Possesses  information  material  to  the  criminal  action  or
proceeding in issue; and
2.  Will not be amenable or responsive to legal process  or  available
as a witness at a time when his testimony will be sought, either because
he is:
(a)   About to leave the state and not return for a substantial period
of time; or
(b)  Physically ill or incapacited.
2023 New York Laws › CPL - Criminal Procedure › Part 3 - Special Proceedings and Miscellaneous Procedures › Title S - Procedures for Securing Testimony for Future Use,and for Using Testimony Given in a Prior Proceeding › Article 660 - Securing Testimony for Use in a Subsequent Proceeding--Examination of Witnesses Conditionally › 660.30 - Examination of Witnesses Conditionally; When and to What Courts Application May Be Made.

§  660.30    Examination  of  witnesses  conditionally; when and to what
courts application may be made.
1.  An application to examine a witness conditionally may be  made  at
any  time  after  the  defendant  has  been arraigned upon an accusatory
instrument and before termination of the  action,  or  of  a  proceeding
therein or related thereto, in which the witness's testimony is sought.
2.    Such application must be made to and determined by the following
courts under the indicated circumstances:
(a)  If the action is pending in a local criminal court as a result of
an accusatory instrument filed therewith, the application must  be  made
to and determined by such local criminal court;
(b)   If the defendant has been held by a local criminal court for the
action of a grand jury on the basis of a  felony  complaint,  or  if  an
indictment  has  been filed against him, the application must be made to
and determined by the superior court by which the grand jury was  or  is
to  be  impaneled or in which the indictment is pending. If the superior
court by which the grand jury is to be impaneled is the  supreme  court,
the  motion  may, in the alternative, be made in the county court of the
county in which the action is pending.
2023 New York Laws › CPL - Criminal Procedure › Part 3 - Special Proceedings and Miscellaneous Procedures › Title S - Procedures for Securing Testimony for Future Use,and for Using Testimony Given in a Prior Proceeding › Article 660 - Securing Testimony for Use in a Subsequent Proceeding--Examination of Witnesses Conditionally › 660.40 - Examination of Witnesses Conditionally; Application and Notice.

§ 660.40 Examination of witnesses conditionally; application and notice.
1.  An  application to examine a witness conditionally must be made in
writing, must be subscribed and sworn to, and must contain:
(a) The title of the action, the  offense  or  offenses  charged,  the
nature and status of the action, and the name and residential address of
the witness sought to be examined; and
(b) A statement that there is reasonable cause to believe that grounds
for such an examination, as specified in section 660.20, exist, together
with  allegations of fact supporting such statement. Such allegations of
fact may be those of the applicant, or those of  another  person  in  an
accompanying  deposition,  or  of  both.  They  may be based either upon
personal knowledge of the  deponent  or  upon  information  and  belief,
provided  that  in  the latter event the sources of such information and
the grounds of such belief are stated.
2. The application may also contain a request that the examination, in
addition to its being recorded in the same manner as would  be  required
were  the  witness testifying at trial, also be recorded by videotape or
other photographic method approved  by  and  subject  to  standards  and
administrative  policies promulgated pursuant to section twenty-eight of
article six of the constitution.
3. A copy of the application, with reasonable notice  and  opportunity
to  be  heard, must be served upon the other party to the action. If the
defendant is the applicant, such  service  must  be  upon  the  district
attorney. If the people are the applicant, such service must be upon the
defendant  and  upon  his attorney if any. The respondent party may file
and serve a sworn written answer to the application.
2023 New York Laws › CPL - Criminal Procedure › Part 3 - Special Proceedings and Miscellaneous Procedures › Title S - Procedures for Securing Testimony for Future Use,and for Using Testimony Given in a Prior Proceeding › Article 660 - Securing Testimony for Use in a Subsequent Proceeding--Examination of Witnesses Conditionally › 660.50 - Examination of Witnesses Conditionally; Determination of Application.

§  660.50  Examination  of  witnesses  conditionally;  determination  of
application.
1. Before ruling upon the application, the court may, in  addition  to
  examining  the  papers  and  hearing  oral argument, make any inquiry it
  deems appropriate for the purpose of making findings of  fact  essential
  to  the determination. For such purpose, it may examine witnesses, under
  oath  or  otherwise,  subpoena  or  call  witnesses  and  authorize  the
  attorneys for the parties to do so.
2.  If  the court is satisfied that grounds for the application exist,
  it  must  order  an  examination  of  the  witness  conditionally  at  a
  designated  time  and  place.  Such examination must be conducted by the
  same court; except that, if it is to be held in another county,  it  may
  be conducted by a designated superior court of such other county.
3.  The  court must order that the examination be recorded in the same
  manner as would be required were the witness testifying  at  trial,  and
  the  court may, in addition, order that the examination also be recorded
  by videotape or other photographic method approved  by  and  subject  to
  standards  and  administrative  policies promulgated pursuant to section
  twenty-eight of article six of the constitution.
4. Upon ordering the examination, the  court  must  direct  the  party
  securing  the order of examination to serve a copy of the order upon the
  respondent party and, if a defendant be such, upon  his  attorney  also,
  and  must either issue a subpoena for the witness' attendance thereat or
  authorize the applicant party's attorney to do so.
2023 New York Laws › CPL - Criminal Procedure › Part 3 - Special Proceedings and Miscellaneous Procedures › Title S - Procedures for Securing Testimony for Future Use,and for Using Testimony Given in a Prior Proceeding › Article 660 - Securing Testimony for Use in a Subsequent Proceeding--Examination of Witnesses Conditionally › 660.60 - Examination of Witnesses Conditionally; the Examination Proceeding.

§   660.60  Examination  of  witnesses  conditionally;  the  examination
proceeding.
1. The examination proceeding must be conducted in the same manner  as
  would  be  required  were the witness testifying at a trial, and must be
  recorded  in  such  fashion  as  the  court  has  directed  pursuant  to
  subdivision  three  of  section 660.50 of this chapter. The witness must
  testify under oath. The applicant party must first examine  the  witness
  and  the  respondent  party  may then cross-examine him, with each party
  entitled to register objections and to  receive  rulings  of  the  court
  thereon.
2.  Upon conclusion of the examination, a transcript and any videotape
  or photographic recording thereof must be certified and filed  with  the
  court which ordered the examination.
2023 New York Laws › CPL - Criminal Procedure › Part 3 - Special Proceedings and Miscellaneous Procedures › Title S - Procedures for Securing Testimony for Future Use,and for Using Testimony Given in a Prior Proceeding › Article 670 - Use in a Criminal Proceeding of Testimony Given in a Previous Proceeding › 670.10 - Use in a Criminal Proceeding of Testimony Given in a Previous Proceeding; When Authorized.

§  670.10  Use in a criminal proceeding of testimony given in a previous
proceeding; when authorized.
1. Under circumstances prescribed in this article, testimony given  by
a  witness  at (a) a trial of an accusatory instrument, or (b) a hearing
upon a felony complaint conducted pursuant to section 180.60, or (c)  an
examination of such witness conditionally, conducted pursuant to article
six  hundred  sixty,  may,  where otherwise admissible, be received into
evidence at a  subsequent  proceeding  in  or  relating  to  the  action
involved  when  at the time of such subsequent proceeding the witness is
unable to attend the same by reason of death, illness or incapacity,  or
cannot  with  due  diligence  be  found,  or  is outside the state or in
federal custody and cannot with due  diligence  be  brought  before  the
court. Upon being received into evidence, such testimony may be read and
any  videotape  or  photographic  recording  thereof played.   Where any
recording is received into evidence, the stenographic transcript of that
examination shall also be received.
2.  The subsequent proceedings at which such testimony may be received
in evidence consist of:
(a)  Any proceeding constituting a part of  a  criminal  action  based
upon  the  charge or charges which were pending against the defendant at
the time of the witness's testimony and to which such testimony related;
and
(b)  Any post-judgment proceeding in which a  judgment  of  conviction
upon a charge specified in paragraph (a) is challenged.