2010 New York Code
CPL - Criminal Procedure
Part 3 - SPECIAL PROCEEDINGS AND MISCELLANEOUS PROCEDURES
Title R - PROCEDURES FOR SECURING ATTENDANCE OF WITNESSES IN CRIMINAL ACTIONS
Article 610 - (610.10 - 610.50) SECURING ATTENDANCE OF WITNESSES BY SUBPOENA
610.25 - Securing attendance of witness by subpoena; possession of physical evidence.

§  610.25    Securing  attendance  of witness by subpoena; possession of
               physical evidence.
    1.  Where a subpoena duces tecum is issued on reasonable notice to the
  person subpoenaed, the court or grand  jury  shall  have  the  right  to
  possession of the subpoenaed evidence.  Such evidence may be retained by
  the court, grand jury or district attorney on behalf of the grand jury.
    2.    The  possession  shall be for a period of time, and on terms and
  conditions, as may reasonably be required for the action or  proceeding.
  The reasonableness of such possession, time, terms, and conditions shall
  be  determined  with consideration for, among other things, (a) the good
  cause shown by the party issuing the subpoena or  in  whose  behalf  the
  subpoena  is  issued,  (b) the rights and legitimate needs of the person
  subpoenaed and (c) the feasibility and appropriateness of making  copies
  of  the evidence.   The cost of reproduction and transportation incident
  thereto shall be borne by the  person  or  party  issuing  the  subpoena
  unless  the  court  determines  otherwise  in  the  interest of justice.
  Nothing in this article shall be deemed to prohibit the designation of a
  return date for a subpoena duces tecum prior to trial.   Where  physical
  evidence  specified  to  be  produced  will  be sought to be retained in
  custody, notice of such fact shall be given the subpoenaed  party.    In
  any case where the court receives or retains evidence prior to trial, it
  may,  as  may  otherwise be authorized by law, grant the issuing party a
  reasonable opportunity to inspect such evidence.