N.Y. Criminal Procedure Law § 650.30: Securing attendance of prisoner in federal institution as witness in criminal action in the state

§ 650.30 Securing attendance of prisoner in federal institution as

witness in criminal action in the state.

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

state by reason of the filing therewith of an accusatory instrument, or

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

cause to believe that a person confined in a federal prison or other

federal custody, either within or outside this state, 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, a superior court, at a term held in the

county in which such action or proceeding is pending, may issue a

certificate, known as a writ of habeas corpus ad testificandum,

addressed to the attorney general of the United States, certifying all

such facts and requesting the attorney general of the United States to

cause the attendance of such person as a witness in such court for a

specified number of days under custody of a federal public servant.

2. Such a 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 certificate, the court may deliver it, or cause

or authorize it to be delivered, to the attorney general of the United

States or to his representative authorized to entertain the request.