New York Consolidated Laws

N.Y. Criminal Procedure Law § 610.25 (2026)

Securing attendance of witness by subpoena; possession of physical evidence

✓ current as of May 2026
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§ 610.25  Securing attendance of witness by subpoena; possession of
             physical evidence.
  1.  Where a subpoena duces tecum is issued on reasonable notice to the
person subpoenaed, the court or grand jury shall have the right to
possession of the subpoenaed evidence.  Such evidence may be retained by
the court, grand jury or district attorney on behalf of the grand jury.
  2.  The possession shall be for a period of time, and on terms and
conditions, as may reasonably be required for the action or proceeding.
The reasonableness of such possession, time, terms, and conditions shall
be determined with consideration for, among other things, (a) the good
cause shown by the party issuing the subpoena or in whose behalf the
subpoena is issued, (b) the rights and legitimate needs of the person
subpoenaed and (c) the feasibility and appropriateness of making copies
of the evidence.  The cost of reproduction and transportation incident
thereto shall be borne by the person or party issuing the subpoena
unless the court determines otherwise in the interest of justice.
Nothing in this article shall be deemed to prohibit the designation of a
return date for a subpoena duces tecum prior to trial.  Where physical
evidence specified to be produced will be sought to be retained in
custody, notice of such fact shall be given the subpoenaed party.  In
any case where the court receives or retains evidence prior to trial, it
may, as may otherwise be authorized by law, grant the issuing party a
reasonable opportunity to inspect such evidence.
Notes of Decisions
Cited in 2 cases, 2017–2017 · leading case: People v. Anderson, 55 Misc. 3d 511 (N.Y. Sup. Ct. 2017).
People v. Anderson, 55 Misc. 3d 511 (N.Y. Sup. Ct. 2017). “Defendant moves pursuant to Civil Rights Law § 50-a (2) and Criminal Procedure Law § 610.25 for the issuance of a subpoena duces tecum to both the Civilian Complaint Review Board (CCRB) and the New York City Police Department (NYPD) for personnel records pertaining to the…”
People v. Ruiz, 57 Misc. 3d 1029 (N.Y. City Crim. Ct. 2017). “By motion filed on July 18, 2017, the defendant seeks, pursuant to Civil Rights Law § 50-a (2) and Criminal Procedure Law § 610.25, the issuance of a subpoena duces tecum for and an in camera inspection of Civilian Complaint Review Board (CCRB) and New York City Police…”
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