Material witness order; arraignment

Criminal Procedure

Section: 620.40

Jurisdiction: NY

Bluebook Citation: N.Y. Crim. Proc. Law § 620.40

§ 620.40 Material witness order; arraignment.\n 1. When the prospective witness appears before the court, the court\nmust inform him of the nature and purpose of the proceeding, and that he\nis entitled to a prompt hearing upon the issue of whether he should be\nadjudged a material witness. The prospective witness possesses all the\nrights, and is entitled to all the court instructions, with respect to\nright to counsel, opportunity to obtain counsel and assignment of\ncounsel in case of financial inability to retain such, which, pursuant\nto subdivisions three through five of section 180.10, accrue to a\ndefendant arraigned upon a felony complaint in a local criminal court.\n 2. If the proceeding is adjourned at the prospective witness'\ninstance, for the purpose of obtaining counsel or otherwise, the court\nmust order him to appear upon the adjourned date. The court may further\nfix bail to secure his appearance upon such date or until the proceeding\nis completed and, upon default thereof, may commit him to the custody of\nthe sheriff for such period.\n

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