1. Subject to the rules prescribing the kinds of offenses which may
be charged in an indictment, a grand jury may indict a person for an
offense when (a) the evidence before it is legally sufficient to
establish that such person committed such offense provided, however,
such evidence is not legally sufficient when corroboration that would be
required, as a matter of law, to sustain a conviction for such offense
is absent, and (b) competent and admissible evidence before it provides
reasonable cause to believe that such person committed such offense.
2. The offense or offenses for which a grand jury may indict a person
in any particular case are not limited to that or those which may have
been designated, at the commencement of the grand jury proceeding, to be
the subject of the inquiry; and even in a case submitted to it upon a
court order, pursuant to the provisions of section 170.25, directing
that a misdemeanor charge pending in a local criminal court be
prosecuted by indictment, the grand jury may indict the defendant for a
felony if the evidence so warrants.
3. Upon voting to indict a person, a grand jury must, through its
foreman or acting foreman, file an indictment with the court by which it
was impaneled.
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.