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New York · Through 2026-09-11

N.Y. Criminal Procedure Law § 580.30: Securing attendance of defendants confined in federal prisons

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Where this section sits in the code
  1. Criminal Procedure Law
  2. Part 3. Special Proceedings and Miscellaneous Procedures
  3. Title Q. Procedures For Securing Attendance At Criminal Actions and Proceedings of Defendants Not Securable By Conventional Means--and Related Matters
  4. Article 580. Securing Attendance of Defendants Confined As Prisoners In Institutions of Other Jurisdictions of the United States--rendition to Other Jurisdictions of Persons Confined As Prisoners In This State--agreement On Detainers

§ 580.30 Securing attendance of defendants confined in federal prisons.

1. A defendant against whom a criminal action is pending in a court

of record of this state, and who is confined in a federal prison or

custody either within or outside the state, may, with the consent of the

attorney general of the United States, be produced in such court for the

purpose of criminal prosecution, pursuant to the provisions of:

(a) Section four thousand eighty-five of title eighteen of the United

States Code; or

(b) Subdivision two of this section.

2. When such a defendant is in federal custody as specified in

subdivision one, a superior court, at a term held in the county in which

the criminal action against him is pending, may, upon application of the

district attorney of such county, issue a certificate, known as a writ

of habeas corpus ad prosequendum, addressed to the attorney general of

the United States, certifying that such defendant has been charged by

the particular accusatory instrument filed against him in the specified

court with the offense or offenses alleged therein, and that attendance

of the defendant in such court for the purpose of criminal prosecution

thereon is necessary in the interest of justice, and requesting the

attorney general of the United States to cause such defendant to be

produced in such court, under custody of a federal public servant, upon

a designated date and for a period of time necessary to complete the

prosecution. Upon issuing such a certificate, the court may deliver it,

or cause or authorize it to be delivered, together with a certified copy

of the accusatory instrument upon which it is based, to the attorney

general of the United States or to his representative authorized to

entertain the request.

Collected 2026-09-14T19:32:44Z. Source file · JSON

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