N.Y. Criminal Procedure Law § 620.30: Material witness order; commencement of proceeding by application; procurement of appearance of prospective witness

§ 620.30 Material witness order; commencement of proceeding by

application; procurement of appearance of prospective

witness.

1. A proceeding to adjudge a person a material witness must be

commenced by application to the appropriate court, made in writing and

subscribed and sworn to by the applicant, demonstrating reasonable cause

to believe the existence of facts, as specified in subdivision one of

section 620.20, warranting the adjudication of such person as a material

witness.

2. If the court is satisfied that the application is well founded,

the prospective witness may be compelled to appear in response thereto

as follows:

(a) The court may issue an order directing him to appear therein at a

designated time in order that a determination may be made whether he

should be adjudged a material witness, and, upon personal service of

such order or a copy thereof within the state, he must so appear.

(b) If in addition to the allegations specified in subdivision one,

the application contains further allegations demonstrating to the

satisfaction of the court reasonable cause to believe that (i) the

witness would be unlikely to respond to such an order, or (ii) after

previously having been served with such an order, he did not respond

thereto, the court may issue a warrant addressed to a police officer,

directing such officer to take such prospective witness into custody

within the state and to bring him before the court forthwith in order

that a proceeding may be conducted to determine whether he is to be

adjudged a material witness.