N.Y. Criminal Procedure Law § 630.20: Securing attendance of witnesses confined in institutions within the state; when and by what courts order may be issued

§ 630.20 Securing attendance of witnesses confined in institutions

within the state; when and by what courts order may be

issued.

The following courts and judges may, under the indicated

circumstances, order production as witnesses of persons confined by

court order in institutions within the state.

1. If the criminal action or proceeding is one pending in a superior

court or with a superior court judge sitting as a local criminal court,

such court may, except as provided in subdivision four, order the

production as a witness therein of a person confined in any institution

in the state.

2. If the criminal action or proceeding is one pending in a district

court or the New York City criminal court, such court may order the

production as a witness therein of a person confined in any institution

within the state other than a state prison. Production therein of a

prospective witness confined in a state prison may, except as provided

in subdivision four, be ordered, upon application of the party desiring

to call him, by a judge of a superior court holding a term thereof in

the county in which the action or proceeding is pending.

3. If the criminal action or proceeding is one pending in a city

court or a town court or a village court, such court may order the

production as a witness therein of a person confined in a county jail of

such county. Production therein of a prospective witness confined in

any other institution within the state may, except as provided in

subdivision four, be ordered, upon application of the party desiring to

call him, by a judge of a superior court holding a term thereof in the

county in which the action or proceeding is pending.

4. Regardless of the court in which the criminal action or proceeding

is pending, production as a witness therein of a prisoner who has been

sentenced to death may be ordered, upon application of the party

desiring to call him, only by a justice of the appellate division of the

department in which the action or proceeding is pending. The

application for such order, if made by the defendant, must be upon

notice to the district attorney of the county in which the action or

proceeding is pending, and an application made by either party must be

based upon a showing that the prisoner's attendance is clearly necessary

in the interests of justice. Upon issuing such an order, the appellate

division justice may fix and include therein any terms or conditions

which he deems appropriate for execution thereof.