Grand jury; witnesses, compulsion of evidence and immunity
§ 190.40 Grand jury; witnesses, compulsion of evidence and immunity.
1. Every witness in a grand jury proceeding must give any evidence legally requested of him regardless of any protest or belief on his part that it may tend to incriminate him.
2. A witness who gives evidence in a grand jury proceeding receives immunity unless:
(a) He has effectively waived such immunity pursuant to section 190.45; or
(b) Such evidence is not responsive to any inquiry and is gratuitously given or volunteered by the witness with knowledge that it is not responsive.
(c) The evidence given by the witness consists only of books, papers, records or other physical evidence of an enterprise, as defined in subdivision one of section 175.00 of the penal law, the production of which is required by a subpoena duces tecum, and the witness does not possess a privilege against self-incrimination with respect to the production of such evidence. Any further evidence given by the witness entitles the witness to immunity except as provided in subparagraph (a) and (b) of this subdivision.
1. Every grand jury witness must give any evidence legally requested, even if it might incriminate him.
2. Because he's compelled, a witness automatically receives immunity ★ — UNLESS: (a) he waived it under § 190.45; (b) the evidence was not responsive and gratuitously volunteered knowing it wasn't responsive; or (c) it consists only of an enterprise's books/records produced under a subpoena duces tecum where he has no privilege (any further evidence still earns immunity).
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 3 — The JG-22 Criminal Procedure Law and in Volume 1 — The JG-22 in Plain English.