2018 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 660 - Securing Testimony for Use in a Subsequent Proceeding--Examination of Witnesses Conditionally
660.50 - Examination of Witnesses Conditionally; Determination of Application.

§  660.50  Examination  of  witnesses  conditionally;  determination  of
           application.
1. Before ruling upon the application, the court may, in  addition  to
  examining  the  papers  and  hearing  oral argument, make any inquiry it
  deems appropriate for the purpose of making findings of  fact  essential
  to  the determination. For such purpose, it may examine witnesses, under
  oath  or  otherwise,  subpoena  or  call  witnesses  and  authorize  the
  attorneys for the parties to do so.
2.  If  the court is satisfied that grounds for the application exist,
  it  must  order  an  examination  of  the  witness  conditionally  at  a
  designated  time  and  place.  Such examination must be conducted by the
  same court; except that, if it is to be held in another county,  it  may
  be conducted by a designated superior court of such other county.
3.  The  court must order that the examination be recorded in the same
  manner as would be required were the witness testifying  at  trial,  and
  the  court may, in addition, order that the examination also be recorded
  by videotape or other photographic method approved  by  and  subject  to
  standards  and  administrative  policies promulgated pursuant to section
  twenty-eight of article six of the constitution.
4. Upon ordering the examination, the  court  must  direct  the  party
  securing  the order of examination to serve a copy of the order upon the
  respondent party and, if a defendant be such, upon  his  attorney  also,
  and  must either issue a subpoena for the witness' attendance thereat or
  authorize the applicant party's attorney to do so.