§ 190.50 — Grand jury; who may call witnesses; defendant as witness

New York § 190.50

• Jurisdiction: New York
• Law CPL: Criminal Procedure
• Title I: Preliminary Proceedings In Superior Court
• Part 2: The Principal Proceedings
• Art. 190: The Grand Jury and Its Proceedings

Text

§ 190.50 Grand jury; who may call witnesses; defendant as witness.\n 1. Except as provided in this section, no person has a right to call\na witness or appear as a witness in a grand jury proceeding.\n 2. The people may call as a witness in a grand jury proceeding any\nperson believed by the district attorney to possess relevant information\nor knowledge.\n 3. The grand jury may cause to be called as a witness any person\nbelieved by it to possess relevant information or knowledge. If the\ngrand jury desires to hear any such witness who was not called by the\npeople, it may direct the district attorney to issue and serve a\nsubpoena upon such witness, and the district attorney must comply with\nsuch direction. At any time after such a direction, however, or at any\ntime after the service of a subpoena pursuant to such a direction and\nbefore the return date thereof, the people may apply to the court which\nimpaneled the grand jury for an order vacating or modifying such\ndirection or subpoena on the ground that such is in the public interest.\nUpon such application, the court may in its discretion vacate the\ndirection or subpoena, attach reasonable conditions thereto, or make\nother appropriate qualification thereof.\n 4. Notwithstanding the provisions of subdivision three, the district\nattorney may demand that any witness thus called at the instance of the\ngrand jury sign a waiver of immunity pursuant to section 190.45 before\nbeing sworn, and upon such demand no oath may be administered to such\nwitness unless and until he complies therewith.\n 5. Although not called as a witness by the people or at the instance\nof the grand jury, a person has a right to be a witness in a grand jury\nproceeding under circumstances prescribed in this subdivision:\n (a) When a criminal charge against a person is being or is about to\nbe or has been submitted to a grand jury, such person has a right to\nappear before such grand jury as a witness in his own behalf if, prior\nto the filing of any indictment or any direction to file a prosecutor's\ninformation in the matter, he serves upon the district attorney of the\ncounty a written notice making such request and stating an address to\nwhich communications may be sent. The district attorney is not obliged\nto inform such a person that such a grand jury proceeding against him is\npending, in progress or about to occur unless such person is a defendant\nwho has been arraigned in a local criminal court upon a currently\nundisposed of felony complaint charging an offense which is a subject of\nthe prospective or pending grand jury proceeding. In such case, the\ndistrict attorney must notify the defendant or his attorney of the\nprospective or pending grand jury proceeding and accord the defendant a\nreasonable time to exercise his right to appear as a witness therein;\n (b) Upon service upon the district attorney of a notice requesting\nappearance before a grand jury pursuant to paragraph (a), the district\nattorney must notify the foreman of the grand jury of such request, and\nmust subsequently serve upon the applicant, at the address specified by\nhim, a notice that he will be heard by the grand jury at a given time\nand place. Upon appearing at such time and place, and upon signing and\nsubmitting to the grand jury a waiver of immunity pursuant to section\n190.45, such person must be permitted to testify before the grand jury\nand to give any relevant and competent evidence concerning the case\nunder consideration. Upon giving such evidence, he is subject to\nexamination by the people.\n (c) Any indictment or direction to file a prosecutor's information\nobtained or filed in violation of the provisions of paragraph (a) or (b)\nis invalid and, upon a motion made pursuant to section 170.50 or section\n210.20, must be dismissed; provided that a motion based upon such ground\nmust be made not more than five days after the defendant has been\narraigned upon the indictment or, as the case may be, upon the\nprosecutor's information resulting from the grand jury's direction to\nfile the same. If the contention is not so asserted in timely fashion,\nit is waived and the indictment or prosecutor's information may not\nthereafter be challenged on such ground.\n 6. A defendant or person against whom a criminal charge is being or\nis about to be brought in a grand jury proceeding may request the grand\njury, either orally or in writing, to cause a person designated by him\nto be called as a witness in such proceeding. The grand jury may as a\nmatter of discretion grant such request and cause such witness to be\ncalled pursuant to subdivision three.\n 7. Where a subpoena is made pursuant to this section, all papers and\nproceedings relating to the subpoena and any motion to quash, fix\nconditions, modify or compel compliance shall be kept secret and not\ndisclosed to the public by any public officer or public employee or any\nother individual described in section 215.70 of the penal law. This\nsubdivision shall not apply where the person subpoenaed and the\nprosecutor waive the provisions of this subdivision.\n This subdivision shall not prevent the publication of decisions and\norders made in connection with such proceedings or motions, provided the\ncaption and content of the decision are written or altered by the court\nto reasonably preclude identification of the person subpoenaed.\n