2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title I - Preliminary Proceedings in Superior Court › Article 190 - The Grand Jury and Its Proceedings › 190.85 - Grand Jury; Grand Jury Reports.

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