N.Y. Criminal Procedure Law § 610.50: Securing attendance of witness by subpoena; fees

§ 610.50 Securing attendance of witness by subpoena; fees.

1. A witness subpoenaed by the people in a criminal action is

entitled to the same fees and mileage as a witness in a civil action,

payable by the treasurer of the county upon the certificate of the court

or the clerk thereof, stating the number of days the witness actually

attended and the number of miles traveled by him in order to attend. In

any such action, the court may, by order, direct the county treasurer to

pay to such witness a further reasonable sum for expenses, to be

specified in the order, and the county treasurer, upon the production of

the order or a certified copy thereof, must pay the witness the sum

specified therein out of the county treasury. Such certificates shall

only be issued by the court or the clerk thereof, upon the production of

the affidavit of the witness, stating that he attended as such either on

subpoena or request of the district attorney, the number of miles

necessarily traveled and the duration of attendance. An officer in any

state department who attends as a witness under this section in his

official capacity, or in consequence of any official action taken by

him, and who receives a fixed sum in lieu of expenses, or who is

entitled to receive the actual expenses incurred by him in the discharge

of his official duties, is not entitled to the compensation herein

provided.

2. A witness subpoenaed by the defendant in a criminal action is not

entitled as of right to witness and mileage fees, but the court may in

its discretion, by order, direct the county treasurer to pay to such a

witness a reasonable sum for expenses, to be specified in the order.

Upon the production of the order or a certified copy thereof, the county

treasurer must pay the witness the sum specified therein, out of the

county treasury.