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. 1. Possesses information material to the criminal action or proceeding in issue; and
  2. 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:

    1. (a) About to leave the state and not return for a substantial period of time; or
    2. (b) Physically ill or incapacited.
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