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This entry was published on 2014-09-22
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SECTION 190.65
Grand jury; when indictment is authorized
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE I, ARTICLE 190
§ 190.65 Grand jury; when indictment is authorized.

1. Subject to the rules prescribing the kinds of offenses which may
be charged in an indictment, a grand jury may indict a person for an
offense when (a) the evidence before it is legally sufficient to
establish that such person committed such offense provided, however,
such evidence is not legally sufficient when corroboration that would be
required, as a matter of law, to sustain a conviction for such offense
is absent, and (b) competent and admissible evidence before it provides
reasonable cause to believe that such person committed such offense.

2. The offense or offenses for which a grand jury may indict a person
in any particular case are not limited to that or those which may have
been designated, at the commencement of the grand jury proceeding, to be
the subject of the inquiry; and even in a case submitted to it upon a
court order, pursuant to the provisions of section 170.25, directing
that a misdemeanor charge pending in a local criminal court be
prosecuted by indictment, the grand jury may indict the defendant for a
felony if the evidence so warrants.

3. Upon voting to indict a person, a grand jury must, through its
foreman or acting foreman, file an indictment with the court by which it
was impaneled.