JurisdictionNew YorkLaw CPLCriminal Procedure
Title QProcedures For Securing Attendance At Criminal Actions and Proceedings of Defendants Not Securable By Conventional Means--and Related Matters
Part 3Special Proceedings and Miscellaneous Procedures
Art. 560Securing Attendance of Defendants Confined In Institutions Within the State
This text of New York § 560.10 (Securing attendance of defendants confined in institutions within the state) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 560.10 Securing attendance of defendants confined in institutions\n within the state.\n 1. When a criminal action is pending against a defendant who is\nconfined in an institution within the state pursuant to a court order\nissued in a different action, proceeding or matter, the following courts\nand judges may, under the indicated circumstances, order that the\ndefendant be produced in the court in which the criminal action is\npending for purposes of arraignment or prosecution therein:\n (a) If the action is pending in a superior court or with a superior\ncourt judge sitting as a local criminal court, or in a district court or\nthe New York City criminal court, such court may, upon application of\nthe district attorney, order the production therein of a defendant\nconf
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§ 560.10 Securing attendance of defendants confined in institutions\n within the state.\n 1. When a criminal action is pending against a defendant who is\nconfined in an institution within the state pursuant to a court order\nissued in a different action, proceeding or matter, the following courts\nand judges may, under the indicated circumstances, order that the\ndefendant be produced in the court in which the criminal action is\npending for purposes of arraignment or prosecution therein:\n (a) If the action is pending in a superior court or with a superior\ncourt judge sitting as a local criminal court, or in a district court or\nthe New York City criminal court, such court may, upon application of\nthe district attorney, order the production therein of a defendant\nconfined in any institution within the state.\n (b) If the action is pending in a city court or a town court or a\nvillage court, such court may, upon application of the district\nattorney, order production therein of a defendant confined in a county\njail of such county. Production therein of a defendant confined in any\nother institution within the state may, upon application of the district\nattorney, be ordered by a judge of a superior court holding a term\nthereof in the county in which the action is pending.\n 2. An application by a district attorney, pursuant to subdivision\none, for production of a defendant confined in an institution located in\nanother county in connection with a criminal action or proceeding\npending in such other county, must be made upon reasonable notice to the\ndistrict attorney of such other county and to the attorney representing\nsuch defendant in or in connection with the action or proceeding pending\ntherein, and the court or judge must accord them reasonable opportunity\nto be heard in the matter. If such court or judge determines that\nproduction of the defendant would result in an unreasonable interference\nwith the conduct of the action in such other county, it must deny the\napplication. If an order of production is issued, a justice of the\nappellate division, of either the department embracing the county of\nissuance thereof or of the department embracing the county of the\ndefendant's confinement, upon application of the district attorney of\nthe county of confinement or of the attorney representing the defendant\nin or in connection with the action pending therein, may for good cause\nshown vacate such order of production.\n