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This entry was published on 2014-09-22
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SECTION 650.20
Securing attendance of prisoner outside the state as witness in criminal action in the state
Criminal Procedure (CPL) CHAPTER 11-A, PART 3, TITLE R, ARTICLE 650
§ 650.20 Securing attendance of prisoner outside the state as witness

in criminal action in the state.

1. When (a) a criminal action is pending in a court of record of this
state, or a grand jury proceeding has been commenced, and (b) there is
reasonable cause to believe that a person confined in a correctional
institution or prison of another state, other than a person awaiting
execution of a sentence of death or one confined as mentally ill or as a
defective delinquent, possesses information material to such criminal
action or proceeding, and (c) the attendance of such person as a witness
in such action or proceeding is desired by a party thereto, and (d) the
state in which such person is confined possesses a statute equivalent to
section 650.10, the court in which such action or proceeding is pending
may issue a certificate under the seal of such court, certifying all
such facts and that the attendance of such person as a witness in such
court is required for a specified number of days.

2. Such certificate may be issued upon application, of either the
people or a defendant, demonstrating all the facts specified in
subdivision one.

3. Upon issuing such a certificate, the court may deliver it, or
cause or authorize it to be delivered, to a judge or a court of such
other state who or which, pursuant to the laws thereof, is authorized to
initiate or undertake legal action for the delivery of such prisoners to
this state as witnesses.