{"jurisdiction": "us-ny", "code": "cpl", "section": "620.40", "citation": "CPL § 620.40", "heading": "Material witness order; arraignment", "text": ["§ 620.40  Material witness order; arraignment.", "1.  When the prospective witness appears before the court, the court must inform him of the nature and purpose of the proceeding, and that he is entitled to a prompt hearing upon the issue of whether he should be adjudged a material witness.  The prospective witness possesses all the rights, and is entitled to all the court instructions, with respect to right to counsel, opportunity to obtain counsel and assignment of counsel in case of financial inability to retain such, which, pursuant to subdivisions three through five of section 180.10, accrue to a defendant arraigned upon a felony complaint in a local criminal court.", "2.  If the proceeding is adjourned at the prospective witness' instance, for the purpose of obtaining counsel or otherwise, the court must order him to appear upon the adjourned date.  The court may further fix bail to secure his appearance upon such date or until the proceeding is completed and, upon default thereof, may commit him to the custody of the sheriff for such period."], "official_source": "https://www.nysenate.gov/legislation/laws/CPL/620.40", "from_official_api": true, "plain_english": "When the prospective material witness appears, the court must **explain the proceeding and the right to a prompt hearing**. The witness has the **same counsel rights and instructions described in §§ 180.10(3)–(5)** for a defendant arraigned on a felony complaint, including assigned counsel when unable to pay. ★ If the witness obtains an adjournment, the court must order return on the new date and may set bail; failure to post bail may result in **commitment to the sheriff until that date or completion of the proceeding**.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cpl/620.40", "publisher": "Elyphived LLC"}