§ 670.20 — Use in a criminal proceeding of testimony given in a previous proceeding; procedure

New York § 670.20

• Jurisdiction: New York
• Law CPL: Criminal Procedure
• Title S: Procedures For Securing Testimony For Future Use, and For Using Testi- Mony Given In a Prior Proceeding
• Part 3: Special Proceedings and Miscellaneous Procedures
• Art. 670: Use In a Criminal Proceeding of Testimony Given In a Previous Proceeding

Text

§ 670.20 Use in a criminal proceeding of testimony given in a previous\n proceeding; procedure.\n 1. In any criminal action or proceeding other than a grand jury\nproceeding, a party thereto who desires to offer in evidence testimony\nof a witness given in a previous action or proceeding as provided in\nsection 670.10, must so move, either in writing or orally in open court,\nand must submit to the court, and serve a copy thereof upon the adverse\nparty, an authenticated transcript of the testimony and any videotape or\nphotographic recording thereof sought to be introduced. Such moving\nparty must further state facts showing that personal attendance of the\nwitness in question is precluded by some factor specified in subdivision\none of section 670.10. In determining the motion, the court, with\nopportunity for both parties to be heard, must make inquiry and conduct\na hearing to determine whether personal attendance of the witness is so\nprecluded. If the court determines that such is the case and grants the\nmotion, the moving party may introduce the transcript in evidence and\nread into evidence the testimony contained therein. In such case, the\nadverse party may register any objection or protest thereto that he\nwould be entitled to register were the witness testifying in person, and\nthe court must rule thereon.\n 2. Without obtaining any court order or authorization, a district\nattorney may introduce in evidence in a grand jury proceeding testimony\nof a witness given in a previous action or proceeding specified in\nsubdivision one of section 670.10, provided that a foundation for such\nevidence is laid by other evidence demonstrating that personal\nattendance of such witness is precluded by some factor specified in\nsubdivision one of section 670.10.\n