2013 New York Consolidated Laws
CPL - Criminal Procedure
Part 2 - THE PRINCIPAL PROCEEDINGS
Title I - PRELIMINARY PROCEEDINGS IN SUPERIOR COURT
Article 190 - (190.05 - 190.90) THE GRAND JURY AND ITS PROCEEDINGS
190.25 - Grand jury; proceedings and operation in general.

 
  § 190.25 Grand jury; proceedings and operation in general.
    1.  Proceedings  of a grand jury are not valid unless at least sixteen
  of its members are present. The finding of an indictment, a direction to
  file a prosecutor's information, a  decision  to  submit  a  grand  jury
  report  and every other affirmative official action or decision requires
  the concurrence of at least twelve members thereof.
    2. The foreman or any other grand juror may administer an oath to  any
  witness appearing before the grand jury.
    3.  Except  as provided in subdivision three-a of this section, during
  the deliberations and voting of a grand jury, only the grand jurors  may
  be  present  in  the  grand jury room. During its other proceedings, the
  following persons, in  addition  to  witnesses,  may,  as  the  occasion
  requires, also be present:
    (a) The district attorney;
    (b)  A  clerk  or  other public servant authorized to assist the grand
  jury in the administrative conduct of its proceedings;
    (c) A stenographer authorized to record the proceedings of  the  grand
  jury;
    (d)  An  interpreter.  Upon  request of the grand jury, the prosecutor
  must provide an interpreter to interpret the testimony  of  any  witness
  who  does  not  speak  the  English  language  well enough to be readily
  understood. Such interpreter must, if he has not  previously  taken  the
  constitutional  oath of office, first take an oath before the grand jury
  that he will faithfully interpret the testimony of the witness and  that
  he  will  keep  secret  all  matters  before  such grand jury within his
  knowledge;
    (e) A public servant holding a witness in custody. When a person  held
  in  official  custody is a witness before a grand jury, a public servant
  assigned to guard him during his grand jury appearance may accompany him
  in the grand jury  room.  Such  public  servant  must,  if  he  has  not
  previously  taken  the constitutional oath of office, first take an oath
  before the grand jury that he will keep secret  all  matters  before  it
  within his knowledge.
    (f)  An  attorney representing a witness pursuant to section 190.52 of
  this chapter while that witness is present.
    (g) An operator, as that term is defined in  section  190.32  of  this
  chapter, while the videotaped examination of either a special witness or
  a child witness is being played.
    (h)  A  social  worker,  rape  crisis counselor, psychologist or other
  professional providing emotional support to a child witness twelve years
  old or younger who is called to give evidence in a grand jury proceeding
  concerning a crime defined in article one  hundred  twenty-one,  article
  one  hundred  thirty, article two hundred sixty, section 120.10, 125.10,
  125.15, 125.20, 125.25, 125.26, 125.27, 255.25, 255.26 or 255.27 of  the
  penal  law  provided  that  the district attorney consents. Such support
  person shall not provide the witness with an answer to any  question  or
  otherwise  participate  in  such proceeding and shall first take an oath
  before the grand jury that he or she will keep secret all matters before
  such grand jury within his or her knowledge.
    3-a. Upon the request of a deaf or hearing-impaired grand  juror,  the
  prosecutor  shall  provide  a  sign language interpreter for such juror.
  Such interpreter shall be present during all proceedings  of  the  grand
  jury  which  the deaf or hearing-impaired grand juror attends, including
  deliberation and voting. The interpreter shall, if he  or  she  has  not
  previously  taken  the constitutional oath of office, first take an oath
  before the grand jury that he  or  she  will  faithfully  interpret  the
  testimony  of  the witnesses and the statements of the prosecutor, judge
  and grand jurors; keep secret all matters before such grand jury  within

  his  or  her  knowledge; and not seek to influence the deliberations and
  voting of such grand jury.
    4. (a) Grand jury proceedings are secret, and no grand juror, or other
  person  specified in subdivision three of this section or section 215.70
  of the penal law, may, except in the lawful discharge of his  duties  or
  upon written order of the court, disclose the nature or substance of any
  grand  jury testimony, evidence, or any decision, result or other matter
  attending a grand jury proceeding. For  the  purpose  of  assisting  the
  grand jury in conducting its investigation, evidence obtained by a grand
  jury  may be independently examined by the district attorney, members of
  his staff, police officers specifically assigned to  the  investigation,
  and  such  other  persons  as the court may specifically authorize. Such
  evidence may not be disclosed to other persons without  a  court  order.
  Nothing  contained  herein  shall prohibit a witness from disclosing his
  own testimony.
    (b) When a district attorney obtains  evidence  during  a  grand  jury
  proceeding  which  provides reasonable cause to suspect that a child has
  been abused or maltreated, as those terms are  defined  by  section  ten
  hundred  twelve  of  the  family  court  act, he must apply to the court
  supervising the grand jury for an order permitting  disclosure  of  such
  evidence  to the state central register of child abuse and maltreatment.
  A district attorney need not apply to the court for such order if he has
  previously made or caused a report to  be  made  to  the  state  central
  register  of  child  abuse  and  maltreatment  pursuant  to section four
  hundred thirteen of the social services law and  the  evidence  obtained
  during  the grand jury proceeding, or substantially similar information,
  was included in such report. The district attorney's application to  the
  court  shall  be  made  ex parte and in camera. The court must grant the
  application and permit the district attorney to disclose the evidence to
  the state central register of child abuse and  maltreatment  unless  the
  court  finds that such disclosure would jeopardize the life or safety of
  any person or interfere with a continuing grand jury proceeding.
    5. The grand jury is the exclusive judge of the facts with respect  to
  any matter before it.
    6. The legal advisors of the grand jury are the court and the district
  attorney,  and  the grand jury may not seek or receive legal advice from
  any other source. Where necessary  or  appropriate,  the  court  or  the
  district  attorney, or both, must instruct the grand jury concerning the
  law with respect to its  duties  or  any  matter  before  it,  and  such
  instructions must be recorded in the minutes.