New York Laws
Article 660 - Securing Testimony for Use in a Subsequent Proceeding--Examination of Witnesses Conditionally
660.30 - Examination of Witnesses Conditionally; When and to What Courts Application May Be Made.

(a) If the action is pending in a local criminal court as a result of
an accusatory instrument filed therewith, the application must be made
to and determined by such local criminal court;
(b) If the defendant has been held by a local criminal court for the
action of a grand jury on the basis of a felony complaint, or if an
indictment has been filed against him, the application must be made to
and determined by the superior court by which the grand jury was or is
to be impaneled or in which the indictment is pending. If the superior
court by which the grand jury is to be impaneled is the supreme court,
the motion may, in the alternative, be made in the county court of the
county in which the action is pending.

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