Section 610.20. Securing attendance of witnesses by subpoena; when and by whom subpoena may be issued  


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  • 1.    Any  criminal court may issue a subpoena for the attendance of a
      witness in any criminal action or proceeding in such court.
        2.  A district attorney, or other prosecutor where appropriate, as  an
      officer of a criminal court in which he is conducting the prosecution of
      a  criminal  action  or  proceeding, may issue a subpoena of such court,
      subscribed by himself, for the attendance in such court or a grand  jury
      thereof  of  any  witness  whom  the people are entitled to call in such
      action or proceeding.
        3.  An attorney for a defendant in a criminal action or proceeding, as
      an officer of a criminal court, may issue  a  subpoena  of  such  court,
      subscribed  by  himself, for the attendance in such court of any witness
      whom the defendant is entitled to call in such action or proceeding.  An
      attorney for a defendant may not issue a subpoena  duces  tecum  of  the
      court  directed to any department, bureau or agency of the state or of a
      political subdivision thereof,  or  to  any  officer  or  representative
      thereof.    Such  a  subpoena  duces  tecum may be issued in behalf of a
      defendant upon order of a court pursuant  to  the  rules  applicable  to
      civil  cases  as  provided  in section twenty-three hundred seven of the
      civil practice law and rules.