Section 660.20 - Examination of witnesses conditionally; grounds for orderAn order directing examination of a witness conditionally must be based upon the ground that there is reasonable cause to believe that such witness:
1. Possesses information material to the criminal action or proceeding in issue; and2. 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:(a) About to leave the state and not return for a substantial period of time; or(b) Physically ill or incapacited.N.Y. Crim. Proc. Law § 660.20