Laws of New York (Last Updated: November 21, 2014) |
CPL Criminal Procedure |
Part THREE. SPECIAL PROCEEDINGS AND MISCELLANEOUS PROCEDURES |
Title S. PROCEDURES FOR SECURING TESTIMONY FOR FUTURE USE, AND FOR USING TESTI- MONY GIVEN IN A PRIOR PROCEEDING |
Article 680. SECURING TESTIMONY OUTSIDE THE STATE FOR USE IN PROCEEDING WITHIN THE STATE-EXAMINATION OF WITNESSES ON COMMISSION |
Section 680.10. Examination of witnesses on commission; in general
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1. Under circumstances prescribed in this article, testimony material to a trial or pending trial of an accusatory instrument which charges a crime, may be taken by "examination on a commission" outside the state and received in evidence at such trial. 2. A "commission" is a process issued by a superior court designating one or more persons as commissioners and authorizing them to conduct a recorded examination of a witness or witnesses under oath, primarily on the basis of interrogatories annexed to the commission, and to remit to the issuing court the transcript of such examination.