New York Criminal Procedure Law Code § 660.20

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

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