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

issuable upon application of people.

When a commission has been issued upon application of a defendant
pursuant to section 680.20, the court may, upon application of the
people, issue another commission for examination, either in the same or
another jurisdiction, of a person designated by the people, under the
same conditions as prescribed in said section 680.20. In such case, the
court may, upon application of the defendant, determine, in the manner
provided in section 680.30, that such commission shall also authorize
examination of a person or persons designated by the defendant.

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