§ 560.10 Securing attendance of defendants confined in institutions

within the state.

1. When a criminal action is pending against a defendant who is
confined in an institution within the state pursuant to a court order
issued in a different action, proceeding or matter, the following courts
and judges may, under the indicated circumstances, order that the
defendant be produced in the court in which the criminal action is
pending for purposes of arraignment or prosecution therein:

(a) If the action is pending in a superior court or with a superior
court judge sitting as a local criminal court, or in a district court or
the New York City criminal court, such court may, upon application of
the district attorney, order the production therein of a defendant
confined in any institution within the state.

(b) If the action is pending in a city court or a town court or a
village court, such court may, upon application of the district
attorney, order production therein of a defendant confined in a county
jail of such county. Production therein of a defendant confined in any
other institution within the state may, upon application of the district
attorney, be ordered by a judge of a superior court holding a term
thereof in the county in which the action is pending.

2. An application by a district attorney, pursuant to subdivision
one, for production of a defendant confined in an institution located in
another county in connection with a criminal action or proceeding
pending in such other county, must be made upon reasonable notice to the
district attorney of such other county and to the attorney representing
such defendant in or in connection with the action or proceeding pending
therein, and the court or judge must accord them reasonable opportunity
to be heard in the matter. If such court or judge determines that
production of the defendant would result in an unreasonable interference
with the conduct of the action in such other county, it must deny the
application. If an order of production is issued, a justice of the
appellate division, of either the department embracing the county of
issuance thereof or of the department embracing the county of the
defendant's confinement, upon application of the district attorney of
the county of confinement or of the attorney representing the defendant
in or in connection with the action pending therein, may for good cause
shown vacate such order of production.