People v. Moore

OPINION OF THE COURT

Harold J. Rothwax, J.

The defendant moves, pursuant to CPL article 680, to examine a witness for the defense on commission. The article permits a defendant, following arraignment upon an indictment or an accusatory instrument charging a crime, to take a recorded examination under oath of a witness who is not within the State, primarily on the basis of interrogatories agreed to by the parties in advance. (CPL 680.10.) Such examination, in order to be admissible as evidence, must be conducted according to procedures set forth in the article. First, the defendant must make a…