N.Y. Criminal Procedure Law § 620.40: Material witness order; arraignment

§ 620.40 Material witness order; arraignment.

1. When the prospective witness appears before the court, the court

must inform him of the nature and purpose of the proceeding, and that he

is entitled to a prompt hearing upon the issue of whether he should be

adjudged a material witness. The prospective witness possesses all the

rights, and is entitled to all the court instructions, with respect to

right to counsel, opportunity to obtain counsel and assignment of

counsel in case of financial inability to retain such, which, pursuant

to subdivisions three through five of section 180.10, accrue to a

defendant arraigned upon a felony complaint in a local criminal court.

2. If the proceeding is adjourned at the prospective witness'

instance, for the purpose of obtaining counsel or otherwise, the court

must order him to appear upon the adjourned date. The court may further

fix bail to secure his appearance upon such date or until the proceeding

is completed and, upon default thereof, may commit him to the custody of

the sheriff for such period.