N.Y. Criminal Procedure Law § 670.20: Use in a criminal proceeding of testimony given in a previous proceeding; procedure

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

proceeding; procedure.

1. In any criminal action or proceeding other than a grand jury

proceeding, a party thereto who desires to offer in evidence testimony

of a witness given in a previous action or proceeding as provided in

section 670.10, must so move, either in writing or orally in open court,

and must submit to the court, and serve a copy thereof upon the adverse

party, an authenticated transcript of the testimony and any videotape or

photographic recording thereof sought to be introduced. Such moving

party must further state facts showing that personal attendance of the

witness in question is precluded by some factor specified in subdivision

one of section 670.10. In determining the motion, the court, with

opportunity for both parties to be heard, must make inquiry and conduct

a hearing to determine whether personal attendance of the witness is so

precluded. If the court determines that such is the case and grants the

motion, the moving party may introduce the transcript in evidence and

read into evidence the testimony contained therein. In such case, the

adverse party may register any objection or protest thereto that he

would be entitled to register were the witness testifying in person, and

the court must rule thereon.

2. Without obtaining any court order or authorization, a district

attorney may introduce in evidence in a grand jury proceeding testimony

of a witness given in a previous action or proceeding specified in

subdivision one of section 670.10, provided that a foundation for such

evidence is laid by other evidence demonstrating that personal

attendance of such witness is precluded by some factor specified in

subdivision one of section 670.10.