New York statute
N.Y. Criminal Procedure Law § 660.30 — Examination of witnesses conditionally; when and to what courts application may be made
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 660: Securing Testimony For Use In a Subsequent Proceeding--examination of Witnesses Conditionally, New York Criminal Procedure Law.
Full text of N.Y. Criminal Procedure Law § 660.30
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
660.30 Examination of witnesses conditionally; when and to what
courts application may be made.
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 testimony is sought.
2. Such application must be made to and determined by the following
courts under the indicated circumstances:
(a) If the action is pending in a local criminal court as a result of
an accusatory instrument filed therewith, the application must be made
to and determined by such local criminal court;
(b) If the defendant has been held by a local criminal court for the
action of a grand jury on the basis of a felony complaint, or if an
indictment has been filed against him, the application must be made to
and determined by the superior court by which the grand jury was or is
to be impaneled or in which the indictment is pending. If the superior
court by which the grand jury is to be impaneled is the supreme court,
the motion may, in the alternative, be made in the county court of the
county in which the action is pending.
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