§ 325 — Stenographers' duties

New York § 325

• Jurisdiction: New York
• Law JUD: Judiciary
• Art. 10-A: Grand Jury Stenographers

Text

§ 325. Stenographers' duties. 1. It shall be lawful for any\nstenographer duly appointed and qualified as hereinbefore provided, to\nattend and be present at the session of every grand jury impaneled in\nthe county in which he is appointed, and it shall be his duty to take in\nshorthand or upon a typewriting machine the testimony introduced before\nsuch grand juries, and, except when his original notes and minutes and\nthe exhibits pertaining thereto have been impounded as hereinafter\nprovided for, to furnish to the district attorney of such county a full\ncopy of all such testimony as such district attorney shall require, but\nhe shall not permit any other person to take a copy of the same, nor of\nany portion thereof, nor to read the same, or any portion thereof,\nexcept upon the written order of the court duly made after hearing the\nsaid district attorney provided, however, that the judge presiding over\nthe term of court for which any grand jury is drawn, may at any time\nduring the sitting of such grand jury and upon petition signed by its\nforeman or acting foreman and certified by its clerk to have been\nauthorized by twelve or more of the grand jurors constituting such grand\njury, impound the stenographer's original notes and minutes and the\nexhibits pertaining thereto, or any portion of such original notes,\nminutes, and exhibits, and may order them to be delivered to him and\nplaced in his custody or in the custody of a public officer named by\nhim. When so impounded, such original notes, minutes, and exhibits shall\nnot be taken from the custody of such judge or such public officer\nexcept upon the order of such judge, who, upon the written requisition\nof the foreman or acting foreman of such grand jury, shall deliver them\nor order them to be delivered to such foreman or acting foreman for use\nin the grand jury room during the hours when the grand jury is actually\nin session. Except as above provided, all of the said original notes\nand minutes shall be kept in custody of said district attorney, and\nneither the same, nor a copy of the same, or any portion of the same,\nshall be taken from the office of said district attorney, excepting as\nabove provided. Nothing contained in this section, however, shall be\nconstrued to prohibit a grand jury from inspecting its own minutes and\nexhibits while in session.\n 2. Where an application follows a demand to produce any transcript of\ntestimony at a grand jury proceeding pursuant to paragraph (b) of\nsubdivision two of section 331.2 or paragraph (a) of subdivision one of\nsection 331.4 of the family court act the presentment agency and\nrespondent shall be given notice of such application and an opportunity\nto be heard.\n