Section 680.10 – Examination of witnesses on commission; in general

May 14, 2021 | Criminal Procedure, New York

1. Under circumstances prescribed in this article, testimony material to a trial or pending trial of an accusatory instrument which charges a crime, may be taken by “examination on a commission” outside the state and received in evidence at such trial.
2. A “commission” is a process issued by a superior court designating one or more persons as commissioners and authorizing them to conduct a recorded examination of a witness or witnesses under oath, primarily on the basis of interrogatories annexed to the commission, and to remit to the issuing court the transcript of such examination.

N.Y. Crim. Proc. Law ยง 680.10