New York Laws
Article 670 - Use in a Criminal Proceeding of Testimony Given in a Previous Proceeding
670.20 - Use in a Criminal Proceeding of Testimony Given in a Previous Proceeding; Procedure.

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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