§ 670.10 Use in a criminal proceeding of testimony given in a previous

proceeding; when authorized.

1. Under circumstances prescribed in this article, testimony given by
a witness at (a) a trial of an accusatory instrument, or (b) a hearing
upon a felony complaint conducted pursuant to section 180.60, or (c) an
examination of such witness conditionally, conducted pursuant to article
six hundred sixty, may, where otherwise admissible, be received into
evidence at a subsequent proceeding in or relating to the action
involved when at the time of such subsequent proceeding the witness is
unable to attend the same by reason of death, illness or incapacity, or
cannot with due diligence be found, or is outside the state or in
federal custody and cannot with due diligence be brought before the
court. Upon being received into evidence, such testimony may be read and
any videotape or photographic recording thereof played. Where any
recording is received into evidence, the stenographic transcript of that
examination shall also be received.

2. The subsequent proceedings at which such testimony may be received
in evidence consist of:

(a) Any proceeding constituting a part of a criminal action based
upon the charge or charges which were pending against the defendant at
the time of the witness's testimony and to which such testimony related;
and

(b) Any post-judgment proceeding in which a judgment of conviction
upon a charge specified in paragraph (a) is challenged.