N.Y. Criminal Procedure Law § 190.45: Grand jury; waiver of immunity

§ 190.45 Grand jury; waiver of immunity.

1. A waiver of immunity is a written instrument subscribed by a

person who is or is about to become a witness in a grand jury

proceeding, stipulating that he waives his privilege against

self-incrimination and any possible or prospective immunity to which he

would otherwise become entitled, pursuant to section 190.40, as a result

of giving evidence in such proceeding.

2. A waiver of immunity is not effective unless and until it is sworn

to before the grand jury conducting the proceeding in which the

subscriber has been called as a witness.

3. A person who is called by the people as a witness in a grand jury

proceeding and requested by the district attorney to subscribe and swear

to a waiver of immunity before giving evidence has a right to confer

with counsel before deciding whether he will comply with such request,

and, if he desires to avail himself of such right, he must be accorded a

reasonable time in which to obtain and confer with counsel for such

purpose. The district attorney must inform the witness of all such

rights before obtaining his execution of such a waiver of immunity. Any

waiver obtained, subscribed or sworn to in violation of the provisions

of this subdivision is invalid and ineffective.

4. If a grand jury witness subscribes and swears to a waiver of

immunity upon a written agreement with the district attorney that the

interrogation will be limited to certain specified subjects, matters or

areas of conduct, and if after the commencement of his testimony he is

interrogated and testifies concerning another subject, matter or area of

conduct not included in such written agreement, he receives immunity

with respect to any further testimony which he may give concerning such

other subject, matter or area of conduct and the waiver of immunity is

to that extent ineffective.