N.Y. CPL Law § 190.85 — New York Code / Act CPL / Part 2 / Title I / Article 190 / Section 190.85
Grand jury; grand jury reports
Status: in_force

§ 190.85 Grand jury; grand jury reports.\n  1. The grand jury may submit to the court by which it was impaneled, a\nreport:\n  (a)  Concerning misconduct, non-feasance or neglect in public office\nby a public servant as the basis for a recommendation of removal or\ndisciplinary action; or\n  (b)  Stating that after investigation of a public servant it finds no\nmisconduct, non-feasance or neglect in office by him provided that such\npublic servant has requested the submission of such report; or\n  (c)  Proposing recommendations for legislative, executive or\nadministrative action in the public interest based upon stated findings.\n  2.  The court to which such report is submitted shall examine it and\nthe minutes of the grand jury and, except as otherwise provided in\nsubdivision four, shall make an order accepting and filing such report\nas a public record only if the court is satisfied that it complies with\nthe provisions of subdivision one and that:\n  (a)  The report is based upon facts revealed in the course of an\ninvestigation authorized by section 190.55 and is supported by the\npreponderance of the credible and legally admissible evidence; and\n  (b)  When the report is submitted pursuant to paragraph (a) of\nsubdivision one, that each person named therein was afforded an\nopportunity to testify before the grand jury prior to the filing of such\nreport, and when the report is submitted pursuant to paragraph (b) or\n(c) of subdivision one, it is not critical of an identified or\nidentifiable person.\n  3.  The order accepting a report pursuant to paragraph (a) of\nsubdivision one, and the report itself, must be sealed by the court and\nmay not be filed as a public record, or be subject to subpoena or\notherwise be made public until at least thirty-one days after a copy of\nthe order and the report are served upon each public servant named\ntherein, or if an appeal is taken pursuant to section 190.90, until the\naffirmance of the order accepting the report, or until reversal of the\norder sealing the report, or until dismissal of the appeal of the named\npublic servant by the appellate division, whichever occurs later.  Such\npublic servant may file with the clerk of the court an answer to such\nreport, not later than twenty days after service of the order and report\nupon him.  Such an answer shall plainly and concisely state the facts\nand law constituting the defense of the public servant to the charges in\nsaid report, and, except for those parts of the answer which the court\nmay determine to be scandalously or prejudicially and unnecessarily\ninserted therein, shall become an appendix to the report.  Upon the\nexpiration of the time set forth in this subdivision, the district\nattorney shall deliver a true copy of such report, and the appendix if\nany, for appropriate action, to each public servant or body having\nremoval or disciplinary authority over each public servant named\ntherein.\n  4.  Upon the submission of a report pursuant to subdivision one, if\nthe court finds that the filing of such report as a public record, may\nprejudice fair consideration of a pending criminal matter, it must order\nsuch report sealed and such report may not be subject to subpoena or\npublic inspection during the pendency of such criminal matter, except\nupon order of the court.\n  5.  Whenever the court to which a report is submitted pursuant to\nparagraph (a) of subdivision one is not satisfied that the report\ncomplies with the provisions of subdivision two, it may direct that\nadditional testimony be taken before the same grand jury, or it must\nmake an order sealing such report, and the report may not be filed as a\npublic record, or be subject to subpoena or otherwise be made public.\n