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Article 670 - NY Criminal Procedure Law

USE IN A CRIMINAL PROCEEDING OF TESTIMONY GIVEN IN A PREVIOUS PROCEEDING

Section Description
670.10Use in a criminal proceeding of testimony given in a previous proceeding; when authorized.
670.20Use in a criminal proceeding of testimony given in a previous proceeding; procedure.
S 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.

S 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.

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