Section 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.