New York § 680.30 Examination of witnesses on commission; application by people for examination of witnesses

New York Statutes

§ 680.30 — Examination of witnesses on commission; application by people for examination of witnesses

New York § 680.30

Law CPLCriminal Procedure

Title SProcedures For Securing Testimony For Future Use, and For Using Testi- Mony Given In a Prior Proceeding

Part 3Special Proceedings and Miscellaneous Procedures

Art. 680Securing Testimony Outside the State For Use In Proceeding Within the State-- Examination of Witnesses On Commission

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Bluebook

N.Y. Criminal Procedure § 680.30 (2026).

Text

§ 680.30  Examination of witnesses on commission; application by people\n             for examination of witnesses.\n  1.  Upon granting the defendant's application for issuance of a\ncommission, the court may, upon application of the people, determine\nthat the commission shall also authorize examination of a person or\npersons designated by the people, who reside in the jurisdiction in\nwhich the examination proceeding is to occur, if it is satisfied that\nsuch person or persons possess material information, reside outside the\nstate and otherwise meet the standards for examination of witnesses on a\ncommission as prescribed in subdivision one of section 680.20.\n  2.  Such application and the moving papers must be in writing, must be\nsubscribed and sworn to by the district attorney, an

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§ 680.30 Examination of witnesses on commission; application by people\n for examination of witnesses.\n 1. Upon granting the defendant's application for issuance of a\ncommission, the court may, upon application of the people, determine\nthat the commission shall also authorize examination of a person or\npersons designated by the people, who reside in the jurisdiction in\nwhich the examination proceeding is to occur, if it is satisfied that\nsuch person or persons possess material information, reside outside the\nstate and otherwise meet the standards for examination of witnesses on a\ncommission as prescribed in subdivision one of section 680.20.\n 2. Such application and the moving papers must be in writing, must be\nsubscribed and sworn to by the district attorney, and copies thereof\nmust be served upon the defendant and his attorney, with reasonable\nnotice and opportunity to be heard. The moving papers must contain all\nof the allegations required upon a defendant's application, as specified\nin subdivision two of section 680.20.\n