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May 26, 2016

How do the rules of evidence for a grand jury work in New York?

Except as otherwise provided, the provisions with respect to criminal proceedings in general, are also applicable to grand jury proceedings. A report, or else a copy of a report made by a public servant who’s a physicist, chemist, coroner or medical examiner, firearms identification expert, examiner of questioned documents, fingerprint technician, or else an expert or technician in some other comparable scientific or professional field that concerns the results of an examination, comparison or even a test performed by them in connection with a case that’s the subject of a grand jury proceeding, is allowed to, when certified by said person as a report made by them or as a copy, be received in the grand jury proceeding as evidence of the facts.

When the electronic transmission of a certified report, or certified copy of a report, or a sworn statement or copy results in a written document, said written document can be received in the grand jury proceeding provided that a transmittal memorandum completed by the person sending this report contains a certification that assures the report hasn’t been altered, as well as a description of the report specifying the number of pages. The person who receives the electronically transmitted document must certify that the document and transmittal memorandum were received, and also, a certified report or a certified copy or sworn statement or sworn copy is filed with the court within twenty days after the arraignment on the indictment. Where the written document is a sworn statement or sworn copy, this sworn statement or sworn copy is also provided to the defendant or their counsel within twenty days after arraignment on the indictment.

A written or oral statement, under oath, by a person attesting to one or more of the following can be received in the grand jury proceeding as evidence of the facts: the person’s ownership or lawful custody of, or license to occupy premises, and of the defendant’s lack of license or even privilege to enter or remain there. The person’s ownership of property, the nature as well as monetary amount of any damage and the defendant’s lack of right to damage or else tamper with the property. The person’s ownership, lawful custody of, or license to possess property, including a car or other vehicle, its value and the defendant’s lack of superior or else equal right to the possession of it. The person’s ownership of a vehicle and the absence of their consent to the defendant’s taking, operating, exercising control over or using it. The person’s qualifications as a dealer or other expert in appraising or even evaluating a particular type of property, their expert opinion as to the value of an item or items of property, and the basis for their opinion. The person’s identity as an ostensible maker, drafter, drawer, endorser or other signator of a written instrument and its falsity in the meaning of the penal law. And lastly, the person’s ownership of, or possessory right in, a credit card account number or else debit card account number, and the defendant’s lack of superior or equal right to use or possession of this. Provided, of course, that no statement will be admitted when an adversarial examination of this person has been previously ordered, unless a transcript of the examination is admitted.

So if you’re facing charges, or would like to make sure that you’re protected should charges ever be leveled against you, you can count on the years of experience that Joseph Potashnik and Associates, PC offer, with an experience that’s sure to illuminate for you the complexities of New York state law without overwhelming you.

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Manhattan

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New York, NY 10005

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Queens

35-37 36th St,
Astoria, NY 11106

Phone

888-977-6335

Brooklyn

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14th Floor,
Brooklyn, NY 11201

Phone

888-977-6335