N.Y. Criminal Procedure Law § 190.55: Grand jury; matters to be heard and examined; duties and authority of district attorney

§ 190.55 Grand jury; matters to be heard and examined; duties and

authority of district attorney.

1. A grand jury may hear and examine evidence concerning the alleged

commission of any offense prosecutable in the courts of the county, and

concerning any misconduct, nonfeasance or neglect in public office by a

public servant, whether criminal or otherwise.

2. District attorneys are required or authorized to submit evidence

to grand juries under the following circumstances:

(a) A district attorney must submit to a grand jury evidence

concerning a felony allegedly committed by a defendant who, on the basis

of a felony complaint filed with a local criminal court of the county,

has been held for the action of a grand jury of such county, except

where indictment has been waived by the defendant pursuant to article

one hundred ninety-five.

(b) A district attorney must submit to a grand jury evidence

concerning a misdemeanor allegedly committed by a defendant who has been

charged therewith by a local criminal court accusatory instrument, in

any case where a superior court of the county has, pursuant to

subdivision one of section 170.25, ordered that such misdemeanor charge

be prosecuted by indictment in a superior court.

(c) A district attorney may submit to a grand jury any available

evidence concerning an offense prosecutable in the courts of the county,

or concerning misconduct, nonfeasance or neglect in public office by a

public servant, whether criminal or otherwise.