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Article 650 - NY Criminal Procedure Law

• NY Laws ›
• CPL ›
• Part 3 ›
• Title R ›
• Article 650

S 650.10 Securing attendance of prisoner in this state as witness in
               proceeding without the state.
  If a judge of a court of record in any other state, which by its  laws
  has made provision for commanding a prisoner within that state to attend
  and  testify  in this state, certifies under the seal of that court that
  there is a criminal prosecution pending in such court or  that  a  grand
  jury  investigation  has  commenced, and that a person confined in a New
  York state correctional institution or prison within the  department  of
  corrections  and  community supervision, other than a person confined as
  criminally mentally ill, or as a defective delinquent,  or  confined  in
  the  death  house  awaiting  execution,  is  a  material witness in such
  prosecution or investigation and that his or her  presence  is  required
  for  a specified number of days, upon presentment of such certificate to
  a judge of a superior court in the county where the person is  confined,
  upon  notice  to  the attorney general, such judge, shall fix a time and
  place for a hearing and shall make  an  order  directed  to  the  person
  having  custody of the prisoner requiring that such prisoner be produced
  at the hearing.
    If at such hearing  the  judge  determines  that  the  prisoner  is  a
  material  and necessary witness in the requesting state, the judge shall
  issue an order directing that the prisoner attend in the court where the
  prosecution or investigation is pending, upon such terms and  conditions
  as the judge prescribes, including among other things, provision for the
  return of the prisoner at the conclusion of his or her testimony, proper
  safeguards  on his or her custody, and proper financial reimbursement or
  other payment by the demanding jurisdiction for all expenses incurred in
  the production and return of the prisoner.
    The attorney general is authorized as agent for the state of New York,
  when in his or  her  judgment  it  is  necessary,  to  enter  into  such
  agreements   with   the   appropriate   authorities   of  the  demanding
  jurisdiction  as  he  or  she  determines  necessary  to  ensure  proper
  compliance with the order of the court.

650.20 Securing attendance of prisoner outside the state as witness
              in criminal action in the state.
  1.  When (a) a criminal action is pending in a court of record of this
state, or a grand jury proceeding has been commenced, and (b) there is
reasonable cause to believe that a person confined in a correctional
institution or prison of another state, other than a person awaiting
execution of a sentence of death or one confined as mentally ill or as a
defective delinquent, possesses information material to such criminal
action or proceeding, and (c) the attendance of such person as a witness
in such action or proceeding is desired by a party thereto, and (d) the
state in which such person is confined possesses a statute equivalent to
section 650.10, the court in which such action or proceeding is pending
may issue a certificate under the seal of such court, certifying all
such facts and that the attendance of such person as a witness in such
court is required for a specified number of days.
  2.  Such certificate may be issued upon application, of either the
people or a defendant, demonstrating all the facts specified in
subdivision one.
  3.  Upon issuing such a certificate, the court may deliver it, or
cause or authorize it to be delivered, to a judge or a court of such
other state who or which, pursuant to the laws thereof, is authorized to
initiate or undertake legal action for the delivery of such prisoners to
this state as witnesses.

650.30 Securing attendance of prisoner in federal institution as
              witness in criminal action in the state.
  1.  When (a) a criminal action is pending in a court of record of this
state by reason of the filing therewith of an accusatory instrument, or
a grand jury proceeding has been commenced, and (b) there is reasonable
cause to believe that a person confined in a federal prison or other
federal custody, either within or outside this state, possesses
information material to such criminal action or proceeding, and (c) the
attendance of such person as a witness in such action or proceeding is
desired by a party thereto, a superior court, at a term held in the
county in which such action or proceeding is pending, may issue a
certificate, known as a writ of habeas corpus ad testificandum,
addressed to the attorney general of the United States, certifying all
such facts and requesting the attorney general of the United States to
cause the attendance of such person as a witness in such court for a
specified number of days under custody of a federal public servant.
  2.  Such a certificate may be issued upon application of either the
people or a defendant, demonstrating all the facts specified in
subdivision one.
  3.  Upon issuing such certificate, the court may deliver it, or cause
or authorize it to be delivered, to the attorney general of the United
States or to his representative authorized to entertain the request.

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