N.Y. Judiciary Law § 325: Stenographers' duties

§ 325. Stenographers' duties. 1. It shall be lawful for any

stenographer duly appointed and qualified as hereinbefore provided, to

attend and be present at the session of every grand jury impaneled in

the county in which he is appointed, and it shall be his duty to take in

shorthand or upon a typewriting machine the testimony introduced before

such grand juries, and, except when his original notes and minutes and

the exhibits pertaining thereto have been impounded as hereinafter

provided for, to furnish to the district attorney of such county a full

copy of all such testimony as such district attorney shall require, but

he shall not permit any other person to take a copy of the same, nor of

any portion thereof, nor to read the same, or any portion thereof,

except upon the written order of the court duly made after hearing the

said district attorney provided, however, that the judge presiding over

the term of court for which any grand jury is drawn, may at any time

during the sitting of such grand jury and upon petition signed by its

foreman or acting foreman and certified by its clerk to have been

authorized by twelve or more of the grand jurors constituting such grand

jury, impound the stenographer's original notes and minutes and the

exhibits pertaining thereto, or any portion of such original notes,

minutes, and exhibits, and may order them to be delivered to him and

placed in his custody or in the custody of a public officer named by

him. When so impounded, such original notes, minutes, and exhibits shall

not be taken from the custody of such judge or such public officer

except upon the order of such judge, who, upon the written requisition

of the foreman or acting foreman of such grand jury, shall deliver them

or order them to be delivered to such foreman or acting foreman for use

in the grand jury room during the hours when the grand jury is actually

in session. Except as above provided, all of the said original notes

and minutes shall be kept in custody of said district attorney, and

neither the same, nor a copy of the same, or any portion of the same,

shall be taken from the office of said district attorney, excepting as

above provided. Nothing contained in this section, however, shall be

construed to prohibit a grand jury from inspecting its own minutes and

exhibits while in session.

2. Where an application follows a demand to produce any transcript of

testimony at a grand jury proceeding pursuant to paragraph (b) of

subdivision two of section 331.2 or paragraph (a) of subdivision one of

section 331.4 of the family court act the presentment agency and

respondent shall be given notice of such application and an opportunity

to be heard.