New York Laws
Article 680 - Securing Testimony Outside the State for Use in Proceeding Within the State-Examination of Witnesses on Commission
680.30 - Examination of Witnesses on Commission; Application by People for Examination of Witnesses.

for examination of witnesses.

1. Upon granting the defendant's application for issuance of a
commission, the court may, upon application of the people, determine
that the commission shall also authorize examination of a person or
persons designated by the people, who reside in the jurisdiction in
which the examination proceeding is to occur, if it is satisfied that
such person or persons possess material information, reside outside the
state and otherwise meet the standards for examination of witnesses on a
commission as prescribed in subdivision one of section 680.20.

2. Such application and the moving papers must be in writing, must be
subscribed and sworn to by the district attorney, and copies thereof
must be served upon the defendant and his attorney, with reasonable
notice and opportunity to be heard. The moving papers must contain all
of the allegations required upon a defendant's application, as specified
in subdivision two of section 680.20.