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 › 190.25 - 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, or a social worker or informal caregiver, as provided in
subdivision two of section two hundred six  of  the  elder  law,  for  a
vulnerable  elderly  person  as provided in subdivision three of section
260.31 of the penal law, 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.