Legal Question in Criminal Law in New York
Grand Jury Testimony
When a defendent is indicted by a Grand Jury, does the defendent get the Grand Jury testimony of the ''peoples'' case as part of discovery right away. If not, when could he get the testimony?
1 Answer from Attorneys
Re: Grand Jury Testimony
A defendant is not entitled to the grand jury testimony right away. A lawyer usually makes a motion to dismiss the indictment because of the insufficiency of the grany jury minutes. In amost all circumstances this is denied.
At the trial, as each witness testifies you are entitled to their grand jury testimon, to use in cross-examination.
So, you are not entitled to see the grand jury minutes until the day of trial.
However, for the sake of not missing anything, your lawyer should make a motion to see the grand jury material so as to preserve his rights.
If you need any further information, please feel free to contact me.
I am an experienced criminal attorney of more than 35 years of experience.
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