N.Y. Criminal Procedure Law § 670.10: Use in a criminal proceeding of testimony given in a previous proceeding; when authorized

§ 670.10 Use in a criminal proceeding of testimony given in a previous

proceeding; when authorized.

1. Under circumstances prescribed in this article, testimony given by

a witness at (a) a trial of an accusatory instrument, or (b) a hearing

upon a felony complaint conducted pursuant to section 180.60, or (c) an

examination of such witness conditionally, conducted pursuant to article

six hundred sixty, may, where otherwise admissible, be received into

evidence at a subsequent proceeding in or relating to the action

involved when at the time of such subsequent proceeding the witness is

unable to attend the same by reason of death, illness or incapacity, or

cannot with due diligence be found, or is outside the state or in

federal custody and cannot with due diligence be brought before the

court. Upon being received into evidence, such testimony may be read and

any videotape or photographic recording thereof played. Where any

recording is received into evidence, the stenographic transcript of that

examination shall also be received.

2. The subsequent proceedings at which such testimony may be received

in evidence consist of:

(a) Any proceeding constituting a part of a criminal action based

upon the charge or charges which were pending against the defendant at

the time of the witness's testimony and to which such testimony related;

and

(b) Any post-judgment proceeding in which a judgment of conviction

upon a charge specified in paragraph (a) is challenged.