N.Y. Const. art. I, § 6: Grand jury; waiver of indictment; right to counsel; informing accused; double jeopardy; self-incrimination; waiver of immunity by public officers; due process of law

§ 6. No person shall be held to answer for a capital or otherwise

infamous crime (except in cases of impeachment, and in cases of militia

when in actual service, and the land, air and naval forces in time of

war, or which this state may keep with the consent of congress in time

of peace, and in cases of petit larceny under the regulation of the

legislature), unless on indictment of a grand jury, except that a person

held for the action of a grand jury upon a charge for such an offense,

other than one punishable by death or life imprisonment, with the

consent of the district attorney, may waive indictment by a grand jury

and consent to be prosecuted on an information filed by the district

attorney; such waiver shall be evidenced by written instrument signed by

the defendant in open court in the presence of his or her counsel. In

any trial in any court whatever the party accused shall be allowed to

appear and defend in person and with counsel as in civil actions and

shall be informed of the nature and cause of the accusation and be

confronted with the witnesses against him or her. No person shall be

subject to be twice put in jeopardy for the same offense; nor shall he

or she be compelled in any criminal case to be a witness against himself

or herself, providing, that any public officer who, upon being called

before a grand jury to testify concerning the conduct of his or her

present office or of any public office held by him or her within five

years prior to such grand jury call to testify, or the performance of

his or her official duties in any such present or prior offices, refuses

to sign a waiver of immunity against subsequent criminal prosecution, or

to answer any relevant question concerning such matters before such

grand jury, shall by virtue of such refusal, be disqualified from

holding any other public office or public employment for a period of

five years from the date of such refusal to sign a waiver of immunity

against subsequent prosecution, or to answer any relevant question

concerning such matters before such grand jury, and shall be removed

from his or her present office by the appropriate authority or shall

forfeit his or her present office at the suit of the attorney-general.

The power of grand juries to inquire into the wilful misconduct in

office of public officers, and to find indictments or to direct the

filing of informations in connection with such inquiries, shall never be

suspended or impaired by law. No person shall be deprived of life,

liberty or property without due process of law.