New York § 190.40 Grand jury; witnesses, compulsion of evidence and immunity

New York Statutes

§ 190.40 — Grand jury; witnesses, compulsion of evidence and immunity

New York § 190.40

JurisdictionNew York

Law CPLCriminal Procedure

Title IPreliminary Proceedings In Superior Court

Part 2The Principal Proceedings

Art. 190The Grand Jury and Its Proceedings

This text of New York § 190.40 (Grand jury; witnesses, compulsion of evidence and immunity) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.Y. Criminal Procedure § 190.40 (2026).

Text

§ 190.40 Grand jury; witnesses, compulsion of evidence and immunity.\n  1.  Every witness in a grand jury proceeding must give any evidence\nlegally requested of him regardless of any protest or belief on his part\nthat it may tend to incriminate him.\n  2.  A witness who gives evidence in a grand jury proceeding receives\nimmunity unless:\n  (a)  He has effectively waived such immunity pursuant to section\n190.45; or\n  (b)  Such evidence is not responsive to any inquiry and is\ngratuitously given or volunteered by the witness with knowledge that it\nis not responsive.\n  (c)  The evidence given by the witness consists only of books, papers,\nrecords or other physical evidence of an enterprise, as defined in\nsubdivision one of section 175.00 of the penal law, the production of\nwhich is 

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§ 190.40 Grand jury; witnesses, compulsion of evidence and immunity.\n 1. Every witness in a grand jury proceeding must give any evidence\nlegally requested of him regardless of any protest or belief on his part\nthat it may tend to incriminate him.\n 2. A witness who gives evidence in a grand jury proceeding receives\nimmunity unless:\n (a) He has effectively waived such immunity pursuant to section\n190.45; or\n (b) Such evidence is not responsive to any inquiry and is\ngratuitously given or volunteered by the witness with knowledge that it\nis not responsive.\n (c) The evidence given by the witness consists only of books, papers,\nrecords or other physical evidence of an enterprise, as defined in\nsubdivision one of section 175.00 of the penal law, the production of\nwhich is required by a subpoena duces tecum, and the witness does not\npossess a privilege against self-incrimination with respect to the\nproduction of such evidence. Any further evidence given by the witness\nentitles the witness to immunity except as provided in subparagraph (a)\nand (b) of this subdivision.\n