§ 650.20 — Securing attendance of prisoner outside the state as witness in criminal action in the state

New York § 650.20

• Jurisdiction: New York
• Law CPL: Criminal Procedure
• Title R: Procedures For Securing Attendance of Witnesses In Criminal Actions
• Part 3: Special Proceedings and Miscellaneous Procedures
• Art. 650: Securing Attendance As Witnesses of Prisoners Confined In Institutions of Other Jurisdictions of the United States-- Rendition to Other Jurisdictions of Prisoners Confined In Institutions Within the State

Text

§ 650.20 Securing attendance of prisoner outside the state as witness\n in criminal action in the state.\n 1. When (a) a criminal action is pending in a court of record of this\nstate, or a grand jury proceeding has been commenced, and (b) there is\nreasonable cause to believe that a person confined in a correctional\ninstitution or prison of another state, other than a person awaiting\nexecution of a sentence of death or one confined as mentally ill or as a\ndefective delinquent, possesses information material to such criminal\naction or proceeding, and (c) the attendance of such person as a witness\nin such action or proceeding is desired by a party thereto, and (d) the\nstate in which such person is confined possesses a statute equivalent to\nsection 650.10, the court in which such action or proceeding is pending\nmay issue a certificate under the seal of such court, certifying all\nsuch facts and that the attendance of such person as a witness in such\ncourt is required for a specified number of days.\n 2. Such certificate may be issued upon application, of either the\npeople or a defendant, demonstrating all the facts specified in\nsubdivision one.\n 3. Upon issuing such a certificate, the court may deliver it, or\ncause or authorize it to be delivered, to a judge or a court of such\nother state who or which, pursuant to the laws thereof, is authorized to\ninitiate or undertake legal action for the delivery of such prisoners to\nthis state as witnesses.\n