Statutes > New York Statutes > CPL - Criminal Procedure > Part 3 - SPECIAL PROCEEDINGS AND MISCELLANEOUS PROCEDURES > Title S - PROCEDURES FOR SECURING TESTIMONY FOR FUTURE USE,AND FOR USING TESTIMONY GIVEN IN A PRIOR PROCEEDING > Article 660 - (660.10 - 660.60) SECURING TESTIMONY FOR USE IN A SUBSEQUENT PROCEEDING--EXAMINATION OF WITNESSES CONDITIONALLY > 660.20 - Examination of witnesses conditionally; grounds for order.

660.20 - Examination of witnesses conditionally; grounds for order.

§ 660.20  Examination of witnesses conditionally; grounds for order.    An  order  directing  examination  of  a witness conditionally must be  based upon the ground that there is reasonable  cause  to  believe  that  such witness:    1.     Possesses  information  material  to  the  criminal  action  or  proceeding in issue; and    2.  Will not be amenable or responsive to legal process  or  available  as a witness at a time when his testimony will be sought, either because  he is:    (a)   About to leave the state and not return for a substantial period  of time; or    (b)  Physically ill or incapacited.