630.20 - 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               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.