2021 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 670 - Use in a Criminal Proceeding of Testimony Given in a Previous Proceeding
670.10 - Use in a Criminal Proceeding of Testimony Given in a Previous Proceeding; When Authorized.

§  670.10  Use in a criminal proceeding of testimony given in a previous
             proceeding; when authorized.
  1. Under circumstances prescribed in this article, testimony given  by
a  witness  at (a) a trial of an accusatory instrument, or (b) a hearing
upon a felony complaint conducted pursuant to section 180.60, or (c)  an
examination of such witness conditionally, conducted pursuant to article
six  hundred  sixty,  may,  where otherwise admissible, be received into
evidence at a  subsequent  proceeding  in  or  relating  to  the  action
involved  when  at the time of such subsequent proceeding the witness is
unable to attend the same by reason of death, illness or incapacity,  or
cannot  with  due  diligence  be  found,  or  is outside the state or in
federal custody and cannot with due  diligence  be  brought  before  the
court. Upon being received into evidence, such testimony may be read and
any  videotape  or  photographic  recording  thereof played.   Where any
recording is received into evidence, the stenographic transcript of that
examination shall also be received.
  2.  The subsequent proceedings at which such testimony may be received
in evidence consist of:
  (a)  Any proceeding constituting a part of  a  criminal  action  based
upon  the  charge or charges which were pending against the defendant at
the time of the witness's testimony and to which such testimony related;
and
  (b)  Any post-judgment proceeding in which a  judgment  of  conviction
upon a charge specified in paragraph (a) is challenged.