N.Y. Criminal Procedure Law § 190.90: Grand jury; appeal from order concerning grand jury reports

§ 190.90 Grand jury; appeal from order concerning grand jury reports.

1. When a court makes an order accepting a report of a grand jury

pursuant to paragraph (a) of subdivision one of section 190.85, any

public servant named therein may appeal the order; and when a court

makes an order sealing a report of a grand jury pursuant to subdivision

five of section 190.85, the district attorney or other attorney

designated by the grand jury may appeal the order.

2. When a court makes an order sealing a report of a grand jury

pursuant to subdivision five of section 190.85, the district attorney or

other attorney designated by the grand jury may, within ten days after

service of a copy of the order and report upon each public servant named

in the report, appeal the order to the appellate division of the

department in which the order was made, by filing in duplicate a notice

of appeal from the order with the clerk of the court in which the order

was made and by serving a copy of such notice of appeal upon each such

public servant. Notwithstanding any contrary provision of section

190.85, a true copy of the report of the grand jury shall be served,

together with such notice of appeal, upon each such public servant.

3. The mode of and time for perfecting an appeal pursuant to this

section, and the mode of and procedure for the argument thereof, are

determined by the rules of the appellate division of the department in

which the appeal is brought. Such rules shall prescribe the matters

referred to in subdivision one of section 460.70 and in section 460.80,

except that such appeal is a preferred cause and the appellate division

of each department shall promulgate rules to effectuate such preference.

4. The record and all other presentations on appeal shall remain

sealed, except that upon reversal of the order sealing the report or

dismissal of the appeal of the named public servant by the appellate

division, the report of the grand jury, with the appendix, if any, shall

be filed as a public record as provided in subdivision three of section

190.85.

5. The procedure provided for in this section shall be the exclusive

manner of reviewing an order made pursuant to section 190.85 and the

appellate division of the supreme court shall be the sole court having

jurisdiction of such an appeal. The order of the appellate division

finally determining such appeal shall not be subject to review in any

other court or proceeding.

6. The grand jury in an appeal pursuant to this section shall be

represented by the district attorney unless the report relates to him or

his office, in which event the grand jury may designate another

attorney.