Section 610.10 – Securing attendance of witnesses by subpoena; in general

May 14, 2021 | Criminal Procedure, New York

1. Under circumstances prescribed in this article, a person at liberty within the state may be required to attend a criminal court action or proceeding as a witness by the issuance and service upon him of a subpoena.
2. A “subpoena” is a process of a court directing the person to whom it is addressed to attend and appear as a witness in a designated action or proceeding in such court, on a designated date and any recessed or adjourned date of the action or proceeding. If the witness is given reasonable notice of such recess or adjournment, no further process is required to compel his attendance on the adjourned date.
3. As used in this article, “subpoena” includes a “subpoena duces tecum.” A subpoena duces tecum is a subpoena requiring the witness to bring with him and produce specified physical evidence.

N.Y. Crim. Proc. Law ยง 610.10