Section 630.20. Securing attendance of witnesses confined in institutions within the state; when and by what courts order may be issued

The   following   courts   and   judges   may,   under  the  indicated
  circumstances, order production as  witnesses  of  persons  confined  by
  court order in institutions within the state.
    1.   If the criminal action or proceeding is one pending in a superior
  court or with a superior court judge sitting as a local criminal  court,
  such  court  may,  except  as  provided  in  subdivision four, order the
  production as a witness therein of a person confined in any  institution
  in the state.
    2.   If the criminal action or proceeding is one pending in a district
  court or the New York City criminal court,  such  court  may  order  the
  production  as a witness therein of a person confined in any institution
  within the state other than a state prison.   Production  therein  of  a
  prospective  witness  confined in a state prison may, except as provided
  in subdivision four, be ordered, upon application of the party  desiring
  to  call  him,  by a judge of a superior court holding a term thereof in
  the county in which the action or proceeding is pending.
    3.  If the criminal action or proceeding is  one  pending  in  a  city
  court  or  a  town  court  or  a village court, such court may order the
  production as a witness therein of a person confined in a county jail of
  such county.  Production therein of a prospective  witness  confined  in
  any  other  institution  within  the  state  may,  except as provided in
  subdivision four, be ordered, upon application of the party desiring  to
  call  him,  by a judge of a superior court holding a term thereof in the
  county in which the action or proceeding is pending.
    4.  Regardless of the court in which the criminal action or proceeding
  is pending, production as a witness therein of a prisoner who  has  been
  sentenced  to  death  may  be  ordered,  upon  application  of the party
  desiring to call him, only by a justice of the appellate division of the
  department  in  which  the  action  or  proceeding  is  pending.     The
  application  for  such  order,  if  made  by the defendant, must be upon
  notice to the district attorney of the county in  which  the  action  or
  proceeding  is  pending, and an application made by either party must be
  based upon a showing that the prisoner's attendance is clearly necessary
  in the interests of justice.  Upon issuing such an order, the  appellate
  division  justice  may  fix  and include therein any terms or conditions
  which he deems appropriate for execution thereof.