(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.
Structure New York Laws
Part 2 - The Principal Proceedings
Title I - Preliminary Proceedings in Superior Court
Article 190 - The Grand Jury and Its Proceedings
190.05 - Grand Jury; Definition and General Functions.
190.10 - Grand Jury; for What Courts Drawn.
190.15 - Grand Jury; Duration of Term and Discharge.
190.20 - Grand Jury; Formation, Organization and Other Matters Preliminary to Assumption of Duties.
190.25 - Grand Jury; Proceedings and Operation in General.
190.30 - Grand Jury; Rules of Evidence.
190.32 - Videotaped Examination; Definitions, Application, Order and Procedure.
190.35 - Grand Jury; Definitions of Terms.
190.40 - Grand Jury; Witnesses, Compulsion of Evidence and Immunity.
190.45 - Grand Jury; Waiver of Immunity.
190.50 - Grand Jury; Who May Call Witnesses; Defendant as Witness.
190.52 - Grand Jury; Attorney for Witness.
190.55 - Grand Jury; Matters to Be Heard and Examined; Duties and Authority of District Attorney.
190.60 - Grand Jury; Action to Be Taken.
190.65 - Grand Jury; When Indictment Is Authorized.
190.70 - Grand Jury; Direction to File Prosecutor's Information and Related Matters.
190.71 - Grand Jury; Direction to File Request for Removal to Family Court.
190.75 - Grand Jury; Dismissal of Charge.
190.80 - Grand Jury; Release of Defendant Upon Failure of Timely Grand Jury Action.
190.85 - Grand Jury; Grand Jury Reports.
190.90 - Grand Jury; Appeal From Order Concerning Grand Jury Reports.