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This entry was published on 2014-09-22
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SECTION 660.20
Examination of witnesses conditionally; grounds for order
Criminal Procedure (CPL) CHAPTER 11-A, PART 3, TITLE S, ARTICLE 660
§ 660.20 Examination of witnesses conditionally; grounds for order.

An order directing examination of a witness conditionally must be
based upon the ground that there is reasonable cause to believe that
such witness:

1. Possesses information material to the criminal action or
proceeding in issue; and

2. Will not be amenable or responsive to legal process or available
as a witness at a time when his testimony will be sought, either because
he is:

(a) About to leave the state and not return for a substantial period
of time; or

(b) Physically ill or incapacited.