{"data":{"id":"us-ny/n.y.-const.-art.-i-6","jurisdiction":"us-ny","citation":"N.Y. Const. art. I, § 6","heading":"Grand jury; waiver of indictment; right to counsel; informing accused; double jeopardy; self-incrimination; waiver of immunity by public officers; due process of law","body":"§ 6. No person shall be held to answer for a capital or otherwise\ninfamous crime (except in cases of impeachment, and in cases of militia\nwhen in actual service, and the land, air and naval forces in time of\nwar, or which this state may keep with the consent of congress in time\nof peace, and in cases of petit larceny under the regulation of the\nlegislature), unless on indictment of a grand jury, except that a person\nheld for the action of a grand jury upon a charge for such an offense,\nother than one punishable by death or life imprisonment, with the\nconsent of the district attorney, may waive indictment by a grand jury\nand consent to be prosecuted on an information filed by the district\nattorney; such waiver shall be evidenced by written instrument signed by\nthe defendant in open court in the presence of his or her counsel. In\nany trial in any court whatever the party accused shall be allowed to\nappear and defend in person and with counsel as in civil actions and\nshall be informed of the nature and cause of the accusation and be\nconfronted with the witnesses against him or her. No person shall be\nsubject to be twice put in jeopardy for the same offense; nor shall he\nor she be compelled in any criminal case to be a witness against himself\nor herself, providing, that any public officer who, upon being called\nbefore a grand jury to testify concerning the conduct of his or her\npresent office or of any public office held by him or her within five\nyears prior to such grand jury call to testify, or the performance of\nhis or her official duties in any such present or prior offices, refuses\nto sign a waiver of immunity against subsequent criminal prosecution, or\nto answer any relevant question concerning such matters before such\ngrand jury, shall by virtue of such refusal, be disqualified from\nholding any other public office or public employment for a period of\nfive years from the date of such refusal to sign a waiver of immunity\nagainst subsequent prosecution, or to answer any relevant question\nconcerning such matters before such grand jury, and shall be removed\nfrom his or her present office by the appropriate authority or shall\nforfeit his or her present office at the suit of the attorney-general.\n  The power of grand juries to inquire into the wilful misconduct in\noffice of public officers, and to find indictments or to direct the\nfiling of informations in connection with such inquiries, shall never be\nsuspended or impaired by law. No person shall be deprived of life,\nliberty or property without due process of law.","path":["Constitution","Article I. Bill of Rights"],"source_url":"https://legislation.nysenate.gov/api/3/laws/CNS/A1S6","current_through":"2026-09-11","vintage":"","retrieved_at":"2026-09-14T19:32:44Z","sha256":"d13f6098bd04e9021a0393194bf44a3bec5f32de2d14d0feb772dba03530b548","source_id":"us-ny","stale":false,"prev":"us-ny/n.y.-const.-art.-i-5","next":"us-ny/n.y.-const.-art.-i-7"},"notice":"GroundRules: Original legal text. Not legal advice."}