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
670.20 - Use in a Criminal Proceeding of Testimony Given in a Previous Proceeding; Procedure.

§  670.20  Use in a criminal proceeding of testimony given in a previous
           proceeding; procedure.
1.   In any criminal action or proceeding  other  than  a  grand  jury
  proceeding,  a  party thereto who desires to offer in evidence testimony
  of a witness given in a previous action or  proceeding  as  provided  in
  section 670.10, must so move, either in writing or orally in open court,
  and  must submit to the court, and serve a copy thereof upon the adverse
  party, an authenticated transcript of the testimony and any videotape or
  photographic recording thereof sought to be  introduced.    Such  moving
  party  must  further state facts showing that personal attendance of the
  witness in question is precluded by some factor specified in subdivision
  one of section 670.10.   In determining  the  motion,  the  court,  with
  opportunity  for both parties to be heard, must make inquiry and conduct
  a hearing to determine whether personal attendance of the witness is  so
  precluded.  If the court determines that such is the case and grants the
  motion,  the  moving  party may introduce the transcript in evidence and
  read into evidence the testimony contained therein.  In such  case,  the
  adverse  party  may  register  any  objection or protest thereto that he
  would be entitled to register were the witness testifying in person, and
  the court must rule thereon.
2.  Without obtaining any court order  or  authorization,  a  district
  attorney  may introduce in evidence in a grand jury proceeding testimony
  of a witness given in a  previous  action  or  proceeding  specified  in
  subdivision  one  of section 670.10, provided that a foundation for such
  evidence  is  laid  by  other  evidence  demonstrating   that   personal
  attendance  of  such  witness  is  precluded by some factor specified in
  subdivision one of section 670.10.