650.20 - Securing Attendance of Prisoner Outside the State as Witness in Criminal Action in the State.

NY Crim Pro L § 650.20 (2019) (N/A)

Copy with citation

Copy as parenthetical citation

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.

Previous Section

650.10 - Securing Attendance of Prisoner in This State as Witness in Proceeding Without the State.

Next Section

650.30 - Securing Attendance of Prisoner in Federal Institution as Witness in Criminal Action in the State.