N.Y. CPL Law § 660.30

§ 660.30 Examination of witnesses conditionally; when and to what\n courts application may be made.\n 1. An application to examine a witness conditionally may be made at\nany time after the defendant has been arraigned upon an accusatory\ninstrument and before termination of the action, or of a proceeding\ntherein or related thereto, in which the witness's testimony is sought.\n 2. Such application must be made to and determined by the following\ncourts under the indicated circumstances:\n (a) If the action is pending in a local criminal court as a result of\nan accusatory instrument filed therewith, the application must be made\nto and determined by such local criminal court;\n (b) If the defendant has been held by a local criminal court for the\naction of a grand jury on the basis of a felony complaint, or if an\nindictment has been filed against him, the application must be made to\nand determined by the superior court by which the grand jury was or is\nto be impaneled or in which the indictment is pending. If the superior\ncourt by which the grand jury is to be impaneled is the supreme court,\nthe motion may, in the alternative, be made in the county court of the\ncounty in which the action is pending.\n