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This entry was published on 2014-09-22
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SECTION 620.40
Material witness order; arraignment
Criminal Procedure (CPL) CHAPTER 11-A, PART 3, TITLE R, ARTICLE 620
§ 620.40 Material witness order; arraignment.

1. When the prospective witness appears before the court, the court
must inform him of the nature and purpose of the proceeding, and that he
is entitled to a prompt hearing upon the issue of whether he should be
adjudged a material witness. The prospective witness possesses all the
rights, and is entitled to all the court instructions, with respect to
right to counsel, opportunity to obtain counsel and assignment of
counsel in case of financial inability to retain such, which, pursuant
to subdivisions three through five of section 180.10, accrue to a
defendant arraigned upon a felony complaint in a local criminal court.

2. If the proceeding is adjourned at the prospective witness'
instance, for the purpose of obtaining counsel or otherwise, the court
must order him to appear upon the adjourned date. The court may further
fix bail to secure his appearance upon such date or until the proceeding
is completed and, upon default thereof, may commit him to the custody of
the sheriff for such period.