N.Y. Criminal Procedure Law § 680.30: Examination of witnesses on commission; application by people for examination of witnesses

§ 680.30 Examination of witnesses on commission; application by people

for examination of witnesses.

1. Upon granting the defendant's application for issuance of a

commission, the court may, upon application of the people, determine

that the commission shall also authorize examination of a person or

persons designated by the people, who reside in the jurisdiction in

which the examination proceeding is to occur, if it is satisfied that

such person or persons possess material information, reside outside the

state and otherwise meet the standards for examination of witnesses on a

commission as prescribed in subdivision one of section 680.20.

2. Such application and the moving papers must be in writing, must be

subscribed and sworn to by the district attorney, and copies thereof

must be served upon the defendant and his attorney, with reasonable

notice and opportunity to be heard. The moving papers must contain all

of the allegations required upon a defendant's application, as specified

in subdivision two of section 680.20.