N.Y. Criminal Procedure Law § 620.60: Material witness order; vacation, modification and amendment thereof

§ 620.60 Material witness order; vacation, modification and amendment

thereof.

1. At any time after a material witness order has been issued the

court must, upon application of such witness, with notice to the party

upon whose application the order was issued, and with opportunity to be

heard, make inquiry whether by reason of new or changed facts or

circumstances the material witness order is no longer necessary or

warranted, or, if it is, whether the original bail currently appears

excessive. Upon making any such determination, the court must vacate

the order. If its determination is that the order is no longer

necessary or warranted, it must, as the situation requires, either

discharge the witness from custody or exonerate the bail. If its

determination is that the bail is excessive, it must issue a new order

fixing bail in a lesser amount or on less burdensome terms.

2. At any time when a witness is at liberty upon bail pursuant to a

material witness order, the court may, upon application of the party

upon whose application the order was issued, with notice to the witness

if possible and to his attorney if any and opportunity to be heard, make

inquiry whether, by reason of new or changed facts or circumstances, the

original bail is no longer sufficient to secure the future attendance of

the witness at the pending action. Upon making such a determination,

the court must vacate the order and issue a new order fixing bail in a

greater amount or on terms more likely to secure the future attendance

of the witness.