New York statute
N.Y. Criminal Procedure Law § 580.30 — Securing attendance of defendants confined in federal prisons
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 580: Securing Attendance of Defendants Confined As Prisoners In Institutions of Other Jurisdictions of the United States--rendition to Other Jurisdictions of Persons Confined As Prisoners In This State--agreement On Detainers, New York Criminal Procedure Law.
Full text of N.Y. Criminal Procedure Law § 580.30
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
580.30 Securing attendance of defendants confined in federal prisons.
1. A defendant against whom a criminal action is pending in a court
of record of this state, and who is confined in a federal prison or
custody either within or outside the state, may, with the consent of the
attorney general of the United States, be produced in such court for the
purpose of criminal prosecution, pursuant to the provisions of:
(a) Section four thousand eighty-five of title eighteen of the United
States Code; or
(b) Subdivision two of this section.
2. When such a defendant is in federal custody as specified in
subdivision one, a superior court, at a term held in the county in which
the criminal action against him is pending, may, upon application of the
district attorney of such county, issue a certificate, known as a writ
of habeas corpus ad prosequendum, addressed to the attorney general of
the United States, certifying that such defendant has been charged by
the particular accusatory instrument filed against him in the specified
court with the offense or offenses alleged therein, and that attendance
of the defendant in such court for the purpose of criminal prosecution
thereon is necessary in the interest of justice, and requesting the
attorney general of the United States to cause such defendant to be
produced in such court, under custody of a federal public servant, upon
a designated date and for a period of time necessary to complete the
prosecution. Upon issuing such a certificate, the court may deliver it,
or cause or authorize it to be delivered, together with a certified copy
of the accusatory instrument upon which it is based, to the attorney
general of the United States or to his representative authorized to
entertain the request.
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