N.Y. Criminal Procedure Law § 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.