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 680 - (680.10 - 680.80) SECURING TESTIMONY OUTSIDE THE STATE FOR USE IN PROCEEDING WITHIN THE STATE-EXAMINATION OF WITNESSES ON COMMISSION > 680.40 - Examination of witnesses on commission; when commission issuable upon application of people.

680.40 - Examination of witnesses on commission; when commission issuable upon application of people.

§  680.40    Examination  of  witnesses  on  commission; when commission               issuable upon application of people.    When a commission has been issued  upon  application  of  a  defendant  pursuant  to  section  680.20,  the  court  may, upon application of the  people, issue another commission for examination, either in the same  or  another  jurisdiction,  of  a person designated by the people, under the  same conditions as prescribed in said section 680.20.  In such case, the  court may, upon application of the defendant, determine, in  the  manner  provided  in  section  680.30, that such commission shall also authorize  examination of a person or persons designated by the defendant.