by admin | May 14, 2021 | Criminal Procedure, New York
1. Before ruling upon the application, the court may, in addition to examining the papers and hearing oral argument, make any inquiry it deems appropriate for the purpose of making findings of fact essential to the determination. For such purpose, it may examine...
by admin | May 14, 2021 | Criminal Procedure, New York
1. An application to examine a witness conditionally must be made in writing, must be subscribed and sworn to, and must contain:(a) The title of the action, the offense or offenses charged, the nature and status of the action, and the name and residential address of...
by admin | May 14, 2021 | Criminal Procedure, New York
1. An application to examine a witness conditionally may be made at any time after the defendant has been arraigned upon an accusatory instrument and before termination of the action, or of a proceeding therein or related thereto, in which the witness’s...
by admin | May 14, 2021 | Criminal Procedure, New York
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; and2. Will not be amenable or...
by admin | May 14, 2021 | Criminal Procedure, New York
After a defendant has been arraigned upon an accusatory instrument, and under circumstances prescribed in this article, a criminal court may, upon application of either the people or a defendant, order that a witness or prospective witness in the action be examined...
by admin | May 14, 2021 | Criminal Procedure, New York
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...
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