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

§ 630.20 Securing attendance of witnesses confined in institutions\n within the state; when and by what courts order may be\n issued.\n The following courts and judges may, under the indicated\ncircumstances, order production as witnesses of persons confined by\ncourt order in institutions within the state.\n 1. If the criminal action or proceeding is one pending in a superior\ncourt or with a superior court judge sitting as a local criminal court,\nsuch court may, except as provided in subdivision four, order the\nproduction as a witness therein of a person confined in any institution\nin the state.\n 2. If the criminal action or proceeding is one pending in a district\ncourt or the New York City criminal court, such court may order the\nproduction as a witness therein of a person confined in any institution\nwithin the state other than a state prison. Production therein of a\nprospective witness confined in a state prison may, except as provided\nin subdivision four, be ordered, upon application of the party desiring\nto call him, by a judge of a superior court holding a term thereof in\nthe county in which the action or proceeding is pending.\n 3. If the criminal action or proceeding is one pending in a city\ncourt or a town court or a village court, such court may order the\nproduction as a witness therein of a person confined in a county jail of\nsuch county. Production therein of a prospective witness confined in\nany other institution within the state may, except as provided in\nsubdivision four, be ordered, upon application of the party desiring to\ncall him, by a judge of a superior court holding a term thereof in the\ncounty in which the action or proceeding is pending.\n 4. Regardless of the court in which the criminal action or proceeding\nis pending, production as a witness therein of a prisoner who has been\nsentenced to death may be ordered, upon application of the party\ndesiring to call him, only by a justice of the appellate division of the\ndepartment in which the action or proceeding is pending. The\napplication for such order, if made by the defendant, must be upon\nnotice to the district attorney of the county in which the action or\nproceeding is pending, and an application made by either party must be\nbased upon a showing that the prisoner's attendance is clearly necessary\nin the interests of justice. Upon issuing such an order, the appellate\ndivision justice may fix and include therein any terms or conditions\nwhich he deems appropriate for execution thereof.\n