N.Y. Criminal Procedure Law § 660.50: Examination of witnesses conditionally; determination of application

§ 660.50 Examination of witnesses conditionally; determination of

application.

1. Before ruling upon the application, the court may, in addition to

examining the papers and hearing oral argument, make any inquiry it

deems appropriate for the purpose of making findings of fact essential

to the determination. For such purpose, it may examine witnesses, under

oath or otherwise, subpoena or call witnesses and authorize the

attorneys for the parties to do so.

2. If the court is satisfied that grounds for the application exist,

it must order an examination of the witness conditionally at a

designated time and place. Such examination must be conducted by the

same court; except that, if it is to be held in another county, it may

be conducted by a designated superior court of such other county.

3. The court must order that the examination be recorded in the same

manner as would be required were the witness testifying at trial, and

the court may, in addition, order that the examination also be recorded

by videotape or other photographic method approved by and subject to

standards and administrative policies promulgated pursuant to section

twenty-eight of article six of the constitution.

4. Upon ordering the examination, the court must direct the party

securing the order of examination to serve a copy of the order upon the

respondent party and, if a defendant be such, upon his attorney also,

and must either issue a subpoena for the witness' attendance thereat or

authorize the applicant party's attorney to do so.