Section 190.40. Grand jury; witnesses, compulsion of evidence and immunity  


Latest version.
  • 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.