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This entry was published on 2014-09-22
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SECTION 650.30
Securing attendance of prisoner in federal institution as witness in criminal action in the state
Criminal Procedure (CPL) CHAPTER 11-A, PART 3, TITLE R, ARTICLE 650
§ 650.30 Securing attendance of prisoner in federal institution as

witness in criminal action in the state.

1. When (a) a criminal action is pending in a court of record of this
state by reason of the filing therewith of an accusatory instrument, or
a grand jury proceeding has been commenced, and (b) there is reasonable
cause to believe that a person confined in a federal prison or other
federal custody, either within or outside this state, 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, a superior court, at a term held in the
county in which such action or proceeding is pending, may issue a
certificate, known as a writ of habeas corpus ad testificandum,
addressed to the attorney general of the United States, certifying all
such facts and requesting the attorney general of the United States to
cause the attendance of such person as a witness in such court for a
specified number of days under custody of a federal public servant.

2. Such a 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 certificate, the court may deliver it, or cause
or authorize it to be delivered, to the attorney general of the United
States or to his representative authorized to entertain the request.