JurisdictionNew YorkLaw CPLCriminal Procedure
Title IPreliminary Proceedings In Superior Court
Part 2The Principal Proceedings
Art. 190The Grand Jury and Its Proceedings
This text of New York § 190.90 (Grand jury; appeal from order concerning grand jury reports) 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.
§ 190.90 Grand jury; appeal from order concerning grand jury reports.\n 1. When a court makes an order accepting a report of a grand jury\npursuant to paragraph (a) of subdivision one of section 190.85, any\npublic servant named therein may appeal the order; and when a court\nmakes an order sealing a report of a grand jury pursuant to subdivision\nfive of section 190.85, the district attorney or other attorney\ndesignated by the grand jury may appeal the order.\n 2. When a court makes an order sealing a report of a grand jury\npursuant to subdivision five of section 190.85, the district attorney or\nother attorney designated by the grand jury may, within ten days after\nservice of a copy of the order and report upon each public servant named\nin the report, appeal the order to the app
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§ 190.90 Grand jury; appeal from order concerning grand jury reports.\n 1. When a court makes an order accepting a report of a grand jury\npursuant to paragraph (a) of subdivision one of section 190.85, any\npublic servant named therein may appeal the order; and when a court\nmakes an order sealing a report of a grand jury pursuant to subdivision\nfive of section 190.85, the district attorney or other attorney\ndesignated by the grand jury may appeal the order.\n 2. When a court makes an order sealing a report of a grand jury\npursuant to subdivision five of section 190.85, the district attorney or\nother attorney designated by the grand jury may, within ten days after\nservice of a copy of the order and report upon each public servant named\nin the report, appeal the order to the appellate division of the\ndepartment in which the order was made, by filing in duplicate a notice\nof appeal from the order with the clerk of the court in which the order\nwas made and by serving a copy of such notice of appeal upon each such\npublic servant. Notwithstanding any contrary provision of section\n190.85, a true copy of the report of the grand jury shall be served,\ntogether with such notice of appeal, upon each such public servant.\n 3. The mode of and time for perfecting an appeal pursuant to this\nsection, and the mode of and procedure for the argument thereof, are\ndetermined by the rules of the appellate division of the department in\nwhich the appeal is brought. Such rules shall prescribe the matters\nreferred to in subdivision one of section 460.70 and in section 460.80,\nexcept that such appeal is a preferred cause and the appellate division\nof each department shall promulgate rules to effectuate such preference.\n 4. The record and all other presentations on appeal shall remain\nsealed, except that upon reversal of the order sealing the report or\ndismissal of the appeal of the named public servant by the appellate\ndivision, the report of the grand jury, with the appendix, if any, shall\nbe filed as a public record as provided in subdivision three of section\n190.85.\n 5. The procedure provided for in this section shall be the exclusive\nmanner of reviewing an order made pursuant to section 190.85 and the\nappellate division of the supreme court shall be the sole court having\njurisdiction of such an appeal. The order of the appellate division\nfinally determining such appeal shall not be subject to review in any\nother court or proceeding.\n 6. The grand jury in an appeal pursuant to this section shall be\nrepresented by the district attorney unless the report relates to him or\nhis office, in which event the grand jury may designate another\nattorney.\n