N.Y. Military Law 130.47 – Refusal to appear or testify
§ 130.47. Refusal to appear or testify. Every person not subject to this code who (a) has been duly subpoenaed to appear as a witness or to produce books and records before any military court or board or before any military or civil officer designated to take a deposition to be read in evidence before such military court or board; and
Terms Used In N.Y. Military Law 130.47
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Testify: Answer questions in court.
(b) has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending the supreme court of the state; and
(c) willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which such person may have been duly subpoenaed to produce shall be deemed guilty of an offense against the state and may be punished by the supreme court of the county in which such military court or board was convened or in which such military or civil officer is located, in the same manner and to the same extent as provided for the failure to appear, refusal to qualify as a witness or to testify or refusal or failure to produce any evidence which such person may have been duly subpoenaed to produce, in actions or proceedings in the supreme court of the state.