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NYS GRAND JURY RESOURCE PAGE 


1.
New York State Constitution

Article I "Bill of Rights", Section 6

              "...any public officer who, upon being called before a grand jury to testify concerning the conduct of his present office or of any public office held by him within five years prior to such grand jury call to testify, or the performance of his official duties in any such present or prior offices, refuses to sign a waiver of immunity against subsequent criminal prosecution, or to answer any relevant question concerning such matters before such grand jury shall by virtue of such refusal, be disqualified  from holding any other public office or public employment for a period of five years from the date of such refusal to sign a waiver of immunity against subsequent prosecution, or to answer any relevant question concerning such matters before such grand jury, and shall be removed from his present office by the appropriate authority or shall forfeit his present office at the suit of the attorney-general.
            
            The power of grand juries to inquire into the wilful misconduct of public officers, and to find indictments or to direct the filing of informations in connection with such inquiries, shall never be suspended or impaired by law.

              No person shall be deprived of life, liberty, or property without due process of law."
 

Article XIII "Public Officers"

Section 1-- Oath of Office
"I do solemnly swear (or affirm) that I will support the constitution of the United States, and the Constitution of the State of New York, and that I will faithful discharge the duties of the office..."

Section 5 -- Removal from Office for misconduct
"Provision shall be made by law for the removal for misconduct
or malversation in office of all officers..."

Section 13 -- Law enforcement & other officers
(b) Any district attorney who shall fail faithfully to prosecute a person charged with the violation in his county of any provision of this article which shall come to his knowledge, shall be removed from office by the governor, after due notice and any opportunity of being heard in his defense..."

 

 

2.
NEW YORK CRIMINAL PROCEDURE LAW, ARTICLE 190
"The Grand Jury & its Proceedings"

Criminal Procedure Law 190.05 -- Grand jury; definition and general functions.
"A grand jury is a body consisting of not less than sixteen nor more than twenty-three persons, impaneled by a superior court and constituting part of such court , the functions of which are to  hear and examine evidence concerning offenses and concerning misconduct, nonfeasance and neglect in public office, whether criminal or otherwise, and to take action with respect to such evidence as provided in section 190.60."

 

3.
Articles of interest--
"Revealing Misconduct by Public Officials Through Grand Jury Reports"
University of Pennsylvania Law Review, Vol 136: 73-140  (1987)

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We the People of New York

National Liberty Alliance -- Founder John Darash

Tactical Civics -- Taking America back, one county at a time

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ELECTIONS 2020 --
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