N.Y. Criminal Procedure Law § 560.10: Securing attendance of defendants confined in institutions within the state

§ 560.10 Securing attendance of defendants confined in institutions

within the state.

1. When a criminal action is pending against a defendant who is

confined in an institution within the state pursuant to a court order

issued in a different action, proceeding or matter, the following courts

and judges may, under the indicated circumstances, order that the

defendant be produced in the court in which the criminal action is

pending for purposes of arraignment or prosecution therein:

(a) If the action is pending in a superior court or with a superior

court judge sitting as a local criminal court, or in a district court or

the New York City criminal court, such court may, upon application of

the district attorney, order the production therein of a defendant

confined in any institution within the state.

(b) If the action is pending in a city court or a town court or a

village court, such court may, upon application of the district

attorney, order production therein of a defendant confined in a county

jail of such county. Production therein of a defendant confined in any

other institution within the state may, upon application of the district

attorney, be ordered by a judge of a superior court holding a term

thereof in the county in which the action is pending.

2. An application by a district attorney, pursuant to subdivision

one, for production of a defendant confined in an institution located in

another county in connection with a criminal action or proceeding

pending in such other county, must be made upon reasonable notice to the

district attorney of such other county and to the attorney representing

such defendant in or in connection with the action or proceeding pending

therein, and the court or judge must accord them reasonable opportunity

to be heard in the matter. If such court or judge determines that

production of the defendant would result in an unreasonable interference

with the conduct of the action in such other county, it must deny the

application. If an order of production is issued, a justice of the

appellate division, of either the department embracing the county of

issuance thereof or of the department embracing the county of the

defendant's confinement, upon application of the district attorney of

the county of confinement or of the attorney representing the defendant

in or in connection with the action pending therein, may for good cause

shown vacate such order of production.