§ 580.30 — Securing attendance of defendants confined in federal prisons

New York § 580.30

• Jurisdiction: New York
• Law CPL: Criminal Procedure
• Title Q: Procedures For Securing Attendance At Criminal Actions and Proceedings of Defendants Not Securable By Conventional Means--and Related Matters
• Part 3: Special Proceedings and Miscellaneous Procedures
• Art. 580: Securing Attendance of Defendants Confined As Prisoners In Institutions of Other Jurisdictions of the United States--rendition to Other Jurisdictions of Persons Confined As Prisoners In This State--agreement On Detainers

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§ 580.30 Securing attendance of defendants confined in federal prisons.\n 1. A defendant against whom a criminal action is pending in a court\nof record of this state, and who is confined in a federal prison or\ncustody either within or outside the state, may, with the consent of the\nattorney general of the United States, be produced in such court for the\npurpose of criminal prosecution, pursuant to the provisions of:\n (a) Section four thousand eighty-five of title eighteen of the United\nStates Code; or\n (b) Subdivision two of this section.\n 2. When such a defendant is in federal custody as specified in\nsubdivision one, a superior court, at a term held in the county in which\nthe criminal action against him is pending, may, upon application of the\ndistrict attorney of such county, issue a certificate, known as a writ\nof habeas corpus ad prosequendum, addressed to the attorney general of\nthe United States, certifying that such defendant has been charged by\nthe particular accusatory instrument filed against him in the specified\ncourt with the offense or offenses alleged therein, and that attendance\nof the defendant in such court for the purpose of criminal prosecution\nthereon is necessary in the interest of justice, and requesting the\nattorney general of the United States to cause such defendant to be\nproduced in such court, under custody of a federal public servant, upon\na designated date and for a period of time necessary to complete the\nprosecution. Upon issuing such a certificate, the court may deliver it,\nor cause or authorize it to be delivered, together with a certified copy\nof the accusatory instrument upon which it is based, to the attorney\ngeneral of the United States or to his representative authorized to\nentertain the request.\n