2006 New York Code - Grand jury; waiver of indictment; right to counsel; informing accused; double jeopardy; self-incrimination; waiver of immunity by public officers; due process of law.

 
    §  6.  No  person  shall  be held to answer for a capital or otherwise
  infamous crime (except in cases of impeachment, and in cases of  militia
  when  in  actual  service, and the land, air and naval forces in time of
  war, or which this state may keep with the consent of congress  in  time
  of  peace,  and  in  cases  of petit larceny under the regulation of the
  legislature), unless on indictment of a grand jury, except that a person
  held for the action of a grand jury upon a charge for such  an  offense,
  other  than  one  punishable  by  death  or  life imprisonment, with the
  consent of the district attorney, may waive indictment by a  grand  jury
  and  consent  to  be  prosecuted on an information filed by the district
  attorney; such waiver shall be evidenced by written instrument signed by
  the defendant in open court in the presence of his or  her  counsel.  In
  any  trial  in  any court whatever the party accused shall be allowed to
  appear and defend in person and with counsel as  in  civil  actions  and
  shall  be  informed  of  the  nature  and cause of the accusation and be
  confronted with the witnesses against him or her.  No  person  shall  be
  subject  to  be twice put in jeopardy for the same offense; nor shall he
  or she be compelled in any criminal case to be a witness against himself
  or herself, providing, that any public officer who,  upon  being  called
  before  a  grand  jury  to  testify concerning the conduct of his or her
  present office or of any public office held by him or  her  within  five
  years  prior  to  such grand jury call to testify, or the performance of
  his or her official duties in any such present or prior offices, refuses
  to sign a waiver of immunity against subsequent criminal prosecution, or
  to answer any relevant question  concerning  such  matters  before  such
  grand  jury,  shall  by  virtue  of  such  refusal, be disqualified from
  holding any other public office or public employment  for  a  period  of
  five  years  from  the date of such refusal to sign a waiver of immunity
  against subsequent prosecution,  or  to  answer  any  relevant  question
  concerning  such  matters  before  such grand jury, and shall be removed
  from his or her present office by the  appropriate  authority  or  shall
  forfeit his or her present office at the suit of the attorney-general.
    The  power  of  grand  juries to inquire into the wilful misconduct in
  office of public officers, and to find  indictments  or  to  direct  the
  filing of informations in connection with such inquiries, shall never be
  suspended  or  impaired  by  law.  No  person shall be deprived of life,
  liberty or property without due process of law.