Legislation
SECTION 660.20
Examination of witnesses conditionally; grounds for order
Criminal Procedure (CPL) CHAPTER 11-A, PART 3, TITLE S, ARTICLE 660
§ 660.20 Examination of witnesses conditionally; grounds for order.
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; and
2. Will not be amenable or responsive to legal process or available
as a witness at a time when his testimony will be sought, either because
he is:
(a) About to leave the state and not return for a substantial period
of time; or
(b) Physically ill or incapacited.
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; and
2. Will not be amenable or responsive to legal process or available
as a witness at a time when his testimony will be sought, either because
he is:
(a) About to leave the state and not return for a substantial period
of time; or
(b) Physically ill or incapacited.