Grand jury; attorney for witness
§ 190.52 Grand jury; attorney for witness.
1. Any person who appears as a witness and has signed a waiver of immunity in a grand jury proceeding, has a right to an attorney as provided in this section. Such a witness may appear with a retained attorney, or if he is financially unable to obtain counsel, an attorney who shall be assigned by the superior court which impaneled the grand jury. Such assigned attorney shall be assigned pursuant to the same plan and in the same manner as counsel are provided to persons charged with crime pursuant to section seven hundred twenty-two of the county law.
2. The attorney for such witness may be present with the witness in the grand jury room. The attorney may advise the witness, but may not otherwise take any part in the proceeding.
3. The superior court which impaneled the grand jury shall have the same power to remove an attorney from the grand jury room as such court has with respect to an attorney in a courtroom.
1. A witness who appears and has signed a waiver of immunity has a right to an attorney — retained, or assigned (if he can't afford one) by the impaneling superior court under County Law § 722.
2. The attorney may be present with the witness in the grand jury room and may advise him, but may not otherwise take part. ★
3. The court can remove an attorney from the grand jury room just as it could from a courtroom.
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.