(a) The court may issue an order directing him to appear therein at a
designated time in order that a determination may be made whether he
should be adjudged a material witness, and, upon personal service of
such order or a copy thereof within the state, he must so appear.
(b) If in addition to the allegations specified in subdivision one,
the application contains further allegations demonstrating to the
satisfaction of the court reasonable cause to believe that (i) the
witness would be unlikely to respond to such an order, or (ii) after
previously having been served with such an order, he did not respond
thereto, the court may issue a warrant addressed to a police officer,
directing such officer to take such prospective witness into custody
within the state and to bring him before the court forthwith in order
that a proceeding may be conducted to determine whether he is to be
adjudged a material witness.
Structure New York Laws
Part 3 - Special Proceedings and Miscellaneous Procedures
Title R - Procedures for Securing Attendance of Witnesses in Criminal Actions
Article 620 - Securing Attendance of Witnesses by Material Witness Order
620.10 - Material Witness Order; Defined.
620.20 - Material Witness Order; When Authorized; by What Courts Issuable; Duration Thereof.
620.40 - Material Witness Order; Arraignment.
620.50 - Material Witness Order; Hearing, Determination and Execution of Order.
620.60 - Material Witness Order; Vacation, Modification and Amendment Thereof.
620.70 - Material Witness Order; Compelling Attendance of Witness Who Fails to Appear.