2017 New York Laws
CPL - Criminal Procedure
Part 3 - Special Proceedings and Miscellaneous Procedures
Title S - Procedures for Securing Testimony for Future Use,and for Using Testimony Given in a Prior Proceeding
Article 680 - Securing Testimony Outside the State for Use in Proceeding Within the State-Examination of Witnesses on Commission
680.30 - Examination of Witnesses on Commission; Application by People for Examination of Witnesses.
680.30 Examination of witnesses on commission; application by people
for examination of witnesses.
1. Upon granting the defendant's application for issuance of a commission, the court may, upon application of the people, determine that the commission shall also authorize examination of a person or persons designated by the people, who reside in the jurisdiction in which the examination proceeding is to occur, if it is satisfied that such person or persons possess material information, reside outside the state and otherwise meet the standards for examination of witnesses on a commission as prescribed in subdivision one of section 680.20.
2. Such application and the moving papers must be in writing, must be subscribed and sworn to by the district attorney, and copies thereof must be served upon the defendant and his attorney, with reasonable notice and opportunity to be heard. The moving papers must contain all of the allegations required upon a defendant's application, as specified in subdivision two of section 680.20.
