N.Y. Criminal Procedure Law § 190.40: Grand jury; witnesses, compulsion of evidence and immunity

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

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.