by admin | May 14, 2021 | Criminal Procedure, New York
If a witness at liberty on bail pursuant to a material witness order cannot be found or notified at the time his appearance as a witness is required, or if after notification he fails to appear in such action or proceeding as required, the court may issue a warrant,...
by admin | May 14, 2021 | Criminal Procedure, New York
1. At any time after a material witness order has been issued the court must, upon application of such witness, with notice to the party upon whose application the order was issued, and with opportunity to be heard, make inquiry whether by reason of new or changed...
by admin | May 14, 2021 | Criminal Procedure, New York
1. The hearing upon the application must be conducted as follows: (a) The applicant has the burden of proving by a preponderance of the evidence all facts essential to support a material witness order, and any testimony so adduced must be given under oath;(b) The...
by admin | May 14, 2021 | Criminal Procedure, New York
1. When the prospective witness appears before the court, the court must inform him of the nature and purpose of the proceeding, and that he is entitled to a prompt hearing upon the issue of whether he should be adjudged a material witness. The prospective witness...
by admin | May 14, 2021 | Criminal Procedure, New York
1. A proceeding to adjudge a person a material witness must be commenced by application to the appropriate court, made in writing and subscribed and sworn to by the applicant, demonstrating reasonable cause to believe the existence of facts, as specified in...
by admin | May 14, 2021 | Criminal Procedure, New York
1. A material witness order may be issued upon the ground that there is reasonable cause to believe that a person whom the people or the defendant desire to call as a witness in a pending criminal action:(a) Possesses information material to the determination of such...
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