N.Y. Criminal Procedure Law § 680.80: Examination of witnesses on commission; use at trial of transcript of examination

§ 680.80 Examination of witnesses on commission; use at trial of

transcript of examination.

1. When the transcript and record of the examination on commission

are received by the superior court which issued the commission, they

must be filed therewith if such court be the trial court, and, if not,

transmitted to the trial court. A copy of the transcript must be

delivered by the trial court to each party.

2. Upon the trial of the action, either party may, subject to the

provisions of subdivision three, introduce and read into evidence the

transcript or that portion thereof containing the testimony of a witness

examined on the commission.

3. At any time prior to the introduction of such evidence, the trial

court may examine the transcript and, upon according both parties

opportunity to be heard and to register objections, may exclude and

strike therefrom irrelevant, incompetent or otherwise inadmissible

testimony. While the transcript or any portion thereof is being read

into evidence at the trial by a party, the other party may register any

objection or protest thereto that he would be entitled to register were

the witness testifying in person, regardless of whether such protest has

previously been raised and passed upon by the court, and the court must

rule thereon.