§ 670.10 Use in a criminal proceeding of testimony given in a previous\n proceeding; when authorized.\n 1. Under circumstances prescribed in this article, testimony given by\na witness at (a) a trial of an accusatory instrument, or (b) a hearing\nupon a felony complaint conducted pursuant to section 180.60, or (c) an\nexamination of such witness conditionally, conducted pursuant to article\nsix hundred sixty, may, where otherwise admissible, be received into\nevidence at a subsequent proceeding in or relating to the action\ninvolved when at the time of such subsequent proceeding the witness is\nunable to attend the same by reason of death, illness or incapacity, or\ncannot with due diligence be found, or is outside the state or in\nfederal custody and cannot with due diligence be brought before the\ncourt. Upon being received into evidence, such testimony may be read and\nany videotape or photographic recording thereof played. Where any\nrecording is received into evidence, the stenographic transcript of that\nexamination shall also be received.\n 2. The subsequent proceedings at which such testimony may be received\nin evidence consist of:\n (a) Any proceeding constituting a part of a criminal action based\nupon the charge or charges which were pending against the defendant at\nthe time of the witness's testimony and to which such testimony related;\nand\n (b) Any post-judgment proceeding in which a judgment of conviction\nupon a charge specified in paragraph (a) is challenged.\n
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