Grand jury; matters to be heard and examined; duties and authority of district attorney

Criminal Procedure

Section: 190.55

Jurisdiction: NY

Bluebook Citation: N.Y. Crim. Proc. Law § 190.55

§ 190.55 Grand jury; matters to be heard and examined; duties and\n authority of district attorney.\n 1. A grand jury may hear and examine evidence concerning the alleged\ncommission of any offense prosecutable in the courts of the county, and\nconcerning any misconduct, nonfeasance or neglect in public office by a\npublic servant, whether criminal or otherwise.\n 2. District attorneys are required or authorized to submit evidence\nto grand juries under the following circumstances:\n (a) A district attorney must submit to a grand jury evidence\nconcerning a felony allegedly committed by a defendant who, on the basis\nof a felony complaint filed with a local criminal court of the county,\nhas been held for the action of a grand jury of such county, except\nwhere indictment has been waived by the defendant pursuant to article\none hundred ninety-five.\n (b) A district attorney must submit to a grand jury evidence\nconcerning a misdemeanor allegedly committed by a defendant who has been\ncharged therewith by a local criminal court accusatory instrument, in\nany case where a superior court of the county has, pursuant to\nsubdivision one of section 170.25, ordered that such misdemeanor charge\nbe prosecuted by indictment in a superior court.\n (c) A district attorney may submit to a grand jury any available\nevidence concerning an offense prosecutable in the courts of the county,\nor concerning misconduct, nonfeasance or neglect in public office by a\npublic servant, whether criminal or otherwise.\n

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