Section 190.30. Grand jury; rules of evidence

1.  Except  as  otherwise  provided in this section, the provisions of
  article sixty, governing rules of  evidence  and  related  matters  with
  respect  to  criminal  proceedings  in  general, are, where appropriate,
  applicable to grand jury proceedings.
    2. A report or a copy of a report made by a public  servant  or  by  a
  person  employed  by  a  public  servant  or  agency who is a physicist,
  chemist, coroner or medical examiner,  firearms  identification  expert,
  examiner  of  questioned documents, fingerprint technician, or an expert
  or technician in  some  comparable  scientific  or  professional  field,
  concerning  the  results of an examination, comparison or test performed
  by him in connection with a case which is the subject of  a  grand  jury
  proceeding,  may,  when certified by such person as a report made by him
  or as a true copy thereof, be received in such grand jury proceeding  as
  evidence of the facts stated therein.
    2-a.  When  the  electronic  transmission  of  a  certified report, or
  certified copy thereof, of the kind  described  in  subdivision  two  or
  three-a  of  this  section  or a sworn statement or copy thereof, of the
  kind described in subdivision three of this section results in a written
  document, such written document may  be  received  in  such  grand  jury
  proceeding  provided that: (a) a transmittal memorandum completed by the
  person sending the report contains a certification that the  report  has
  not  been  altered and a description of the report specifying the number
  of pages; and (b) the person who receives the electronically transmitted
  document certifies that such document and transmittal memorandum were so
  received; and (c) a certified  report  or  a  certified  copy  or  sworn
  statement  or  sworn  copy thereof is filed with the court within twenty
  days following arraignment upon  the  indictment;  and  (d)  where  such
  written  document is a sworn statement or sworn copy thereof of the kind
  described in subdivision three of this section, such sworn statement  or
  sworn  copy  thereof  is  also  provided to the defendant or his counsel
  within twenty days following arraignment upon the indictment.
    3. A written or oral statement, under oath, by a person  attesting  to
  one  or more of the following matters may be received in such grand jury
  proceeding as evidence of the facts stated therein:
    (a) that person's ownership  or  lawful  custody  of,  or  license  to
  occupy,  premises, as defined in section 140.00 of the penal law, and of
  the defendant's  lack  of  license  or  privilege  to  enter  or  remain
  thereupon;
    (b)  that person's ownership of, or possessory right in, property, the
  nature and monetary amount of any damage  thereto  and  the  defendant's
  lack of right to damage or tamper with the property;
    (c)  that  person's  ownership  or  lawful  custody  of, or license to
  possess property, as  defined  in  section  155.00  of  the  penal  law,
  including  an automobile or other vehicle, its value and the defendant's
  lack of superior or equal right to possession thereof;
    (d) that person's ownership of  a  vehicle  and  the  absence  of  his
  consent to the defendant's taking, operating, exercising control over or
  using it;
    (e)  that  person's  qualifications  as  a  dealer  or other expert in
  appraising or evaluating a  particular  type  of  property,  his  expert
  opinion  as  to the value of a certain item or items of property of that
  type, and the basis for his opinion;
    (f) that person's identity as an ostensible  maker,  drafter,  drawer,
  endorser  or  other  signator  of  a  written instrument and its falsity
  within the meaning of section 170.00 of the penal law;

    (g) that person's ownership of, or possessory right in, a credit  card
  account number or debit card account number, and the defendant's lack of
  superior or equal right to use or possession thereof.
    Provided,  however,  that  no such statement shall be admitted when an
  adversarial examination of  such  person  has  been  previously  ordered
  pursuant to subdivision 8 of section 180.60, unless a transcript of such
  examination is admitted.
    3-a.  A  sex  offender  registration  form,  sex offender registration
  continuation/supplemental   form,   sex   offender   registry    address
  verification form, sex offender change of address form or a copy of such
  form  maintained by the division of criminal justice services concerning
  an individual who is the subject of a grand jury proceeding,  may,  when
  certified  by a person designated by the commissioner of the division of
  criminal justice services as the person to certify such  records,  as  a
  true copy thereof, be received in such grand jury proceeding as evidence
  of the facts stated therein.
    4.  An  examination  of  a  child  witness or a special witness by the
  district attorney videotaped pursuant to section 190.32 of this  chapter
  may  be  received  in  evidence  in  such  grand  jury proceeding as the
  testimony of such witness.
    5. Nothing in subdivisions two, three or four of this section shall be
  construed to limit the power of the grand jury to cause any person to be
  called as a witness pursuant to subdivision three of section 190.50.
    6. Wherever it is provided in  article  sixty  that  the  court  in  a
  criminal  proceeding  must  rule  upon  the  competency  of a witness to
  testify or upon the admissibility of evidence, such  ruling  may  in  an
  equivalent situation in a grand jury proceeding, be made by the district
  attorney.
    7.  Wherever it is provided in article sixty that a court presiding at
  a jury trial must instruct the jury with respect  to  the  significance,
  legal  effect  or  evaluation  of evidence, the district attorney, in an
  equivalent situation in a grand jury proceeding,  may  so  instruct  the
  grand jury.
    8.  (a)  A  business  record  may  be  received  in  such  grand  jury
  proceedings as evidence of the following facts and similar facts  stated
  therein:
    (i)  a  person's  use of, subscription to and charges and payments for
  communication equipment  and  services  including  but  not  limited  to
  equipment  or  services  provided  by  telephone  companies and internet
  service providers, but not including recorded  conversations  or  images
  communicated thereby; and
    (ii)  financial  transactions,  and a person's ownership or possessory
  interest in any  account,  at  a  bank,  insurance  company,  brokerage,
  exchange  or  banking  organization  as  defined  in  section two of the
  banking law.
    (b) Any business record offered for  consideration  by  a  grand  jury
  pursuant  to  paragraph (a) of this subdivision must be accompanied by a
  written statement, under oath, that (i) contains a list  or  description
  of the records it accompanies, (ii) attests in substance that the person
  making  the  statement  is a duly authorized custodian of the records or
  other employee or agent of  the  business  who  is  familiar  with  such
  records,  and  (iii) attests in substance that such records were made in
  the regular course of business and that it was  the  regular  course  of
  such  business  to  make  such  records at the time of the recorded act,
  transaction,  occurrence  or  event,  or  within   a   reasonable   time
  thereafter.   Such  written  statement  may  also  include  a  statement
  identifying the name and  job  description  of  the  person  making  the
  statement, specifying the matters set forth in subparagraph (ii) of this

  paragraph and attesting that the business has made a diligent search and
  does  not possess a particular record or records addressing a matter set
  forth in paragraph (a) of this subdivision, and such  statement  may  be
  received  at  grand  jury  proceedings  as evidence of the fact that the
  business does not possess such record or  records.  When  records  of  a
  business are accompanied by more than one sworn written statement of its
  employees  or  agents,  such  statements  may  be considered together in
  determining the admissibility of the records under this subdivision. For
  the purpose of this subdivision, the term "business  records"  does  not
  include  any records prepared by law enforcement agencies or prepared by
  any entity in anticipation of litigation.
    (c) Any business record offered to a grand jury pursuant to  paragraph
  (a)  of this subdivision that includes material beyond that described in
  such  paragraph  (a)  shall  be  redacted  to  exclude  such  additional
  material,  or  received subject to a limiting instruction that the grand
  jury shall not consider such  additional  material  in  support  of  any
  criminal charge.
    (d)  No such records shall be admitted when an adversarial examination
  of such a records custodian or other employee of such business  who  was
  familiar  with  such  records  has  been  previously ordered pursuant to
  subdivision eight of section 180.60 of this chapter, unless a transcript
  of such examination is admitted.
    (e) Nothing in this subdivision  shall  affect  the  admissibility  of
  business  records  in  the  grand  jury on any basis other than that set
  forth in this subdivision.