N.Y. Executive Law § 534-v: Refusal to answer question, immunity; prosecution

§ 534-v. Refusal to answer question, immunity; prosecution. 1. In any

investigation, interview or other proceeding conducted under oath by the

commission or any duly authorized officer, employee or agent thereof, if

a person refuses to answer a question or produce evidence of any other

kind on the ground that the person may be incriminated thereby, and,

notwithstanding such refusal, an order is made upon twenty-four hours'

prior written notice to the attorney general of the state of New York,

and to the appropriate district attorney or prosecutor having an

official interest therein, by the commissioner or by the commissioner's

designees appointed pursuant to the provisions of subdivision three of

section five hundred thirty-four-c of this article, that such person

answer the question or produce the evidence, such person shall comply

with the order. If such person complies with the order, and if, but for

this subdivision, would have been privileged to withhold the answer

given or the evidence produced by the person, then immunity shall be

conferred upon the person, as provided for in this section. "Immunity"

as used in this subdivision means that such person shall not be

prosecuted or subjected to any penalty or forfeiture for or on account

of any transaction, matter or thing concerning which, in accordance with

the order by the commission or the commissioner's designees appointed

pursuant to the provisions of subdivision three of section five hundred

thirty-four-c of this article, such person gave answer or produced

evidence, and that no such answer given or evidence produced shall be

received against the person upon any criminal proceeding. But the person

may nevertheless be prosecuted or subjected to penalty or forfeiture for

any perjury or contempt committed in answering, or failing to answer, or

in producing or failing to produce evidence, in accordance with the

order, and any such answer given or evidence produced shall be

admissible against the person upon any criminal proceeding concerning

such perjury or contempt. Immunity shall not be conferred upon any

person except in accordance with the provisions of this subdivision. If,

after compliance with the provisions of this subdivision, a person is

ordered to answer a question or produce evidence of any other kind and

complies with such order, and it is thereafter determined that the

attorney general or appropriate district attorney or prosecutor having

an official interest therein not notified, such failure or neglect shall

not deprive such person of any immunity otherwise properly conferred

upon the person.

2. If a person, in obedience to a subpoena directing the person to

attend and testify, comes into this state from another state, the person

shall not, while in this state pursuant to such subpoena, be subject to

arrest or the service of process, civil or criminal, in connection with

matters which arose before the person's entrance into this state under

the subpoena.