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Article 560 - NY Criminal Procedure Law

• NY Laws ›
• CPL ›
• Part 3 ›
• Title Q ›
• Article 560

 S 560.10 Securing attendance of defendants confined in institutions
               within the state.
  1.   When a criminal action is pending  against  a  defendant  who  is
  confined  in  an  institution within the state pursuant to a court order
  issued in a different action, proceeding or matter, the following courts
  and judges may,  under  the  indicated  circumstances,  order  that  the
  defendant  be  produced  in  the  court  in which the criminal action is
  pending for purposes of arraignment or prosecution therein:
    (a)  If the action is pending in a superior court or with  a  superior
  court judge sitting as a local criminal court, or in a district court or
  the  New  York  City criminal court, such court may, upon application of
  the district attorney, order  the  production  therein  of  a  defendant
  confined in any institution within the state.
    (b)    If  the  action is pending in a city court or a town court or a
  village  court,  such  court  may,  upon  application  of  the  district
  attorney,  order  production therein of a defendant confined in a county
  jail of such county.  Production therein of a defendant confined in  any
  other institution within the state may, upon application of the district
  attorney,  be  ordered  by  a  judge  of a superior court holding a term
  thereof in the county in which the action is pending.
    2.  An application by a district  attorney,  pursuant  to  subdivision
  one, for production of a defendant confined in an institution located in
  another  county  in  connection  with  a  criminal  action or proceeding
  pending in such other county, must be made upon reasonable notice to the
  district attorney of such other county and to the attorney  representing
  such defendant in or in connection with the action or proceeding pending
  therein,  and the court or judge must accord them reasonable opportunity
  to be heard in the matter.   If such  court  or  judge  determines  that
  production of the defendant would result in an unreasonable interference
  with  the  conduct  of the action in such other county, it must deny the
  application.  If an order of production is  issued,  a  justice  of  the
  appellate  division,  of  either  the department embracing the county of
  issuance thereof or of  the  department  embracing  the  county  of  the
  defendant's  confinement,  upon  application of the district attorney of
  the county of confinement or of the attorney representing the  defendant
  in  or in connection with the action pending therein, may for good cause
  shown vacate such order of production.

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