N.Y. Criminal Procedure Law § 650.20: Securing attendance of prisoner outside the state as witness in criminal action in the state

§ 650.20 Securing attendance of prisoner outside the state as witness

in criminal action in the state.

1. When (a) a criminal action is pending in a court of record of this

state, or a grand jury proceeding has been commenced, and (b) there is

reasonable cause to believe that a person confined in a correctional

institution or prison of another state, other than a person awaiting

execution of a sentence of death or one confined as mentally ill or as a

defective delinquent, possesses information material to such criminal

action or proceeding, and (c) the attendance of such person as a witness

in such action or proceeding is desired by a party thereto, and (d) the

state in which such person is confined possesses a statute equivalent to

section 650.10, the court in which such action or proceeding is pending

may issue a certificate under the seal of such court, certifying all

such facts and that the attendance of such person as a witness in such

court is required for a specified number of days.

2. Such certificate may be issued upon application, of either the

people or a defendant, demonstrating all the facts specified in

subdivision one.

3. Upon issuing such a certificate, the court may deliver it, or

cause or authorize it to be delivered, to a judge or a court of such

other state who or which, pursuant to the laws thereof, is authorized to

initiate or undertake legal action for the delivery of such prisoners to

this state as witnesses.