Legal Question in Criminal Law in New York

Re: transcription of minutes

Short answer: Sorry. It's pretty unlikely you�ll get to see the Grand Jury minutes.

Long answer:

Grand jury proceedings are secretive affairs. In New York State it is actually a Felony to disclose what occurred in a Grand Jury!

After the Grand Jury hears a case, the prosecuting attorney will receive a copy of the minutes within two weeks. She will review the minutes and if the case gets to the point where the defense attorney �makes motions� that lawyer will likely ask for the judge to review the grand jury minutes in order to assure that everything was kosher. If there is no trial of the case (there is a plea or the case is dismissed) the defendant will never see the grand jury minutes. If there is a trial, it may be required that the prior testimony of any trial witnesses be turned over so that the witness may be cross-examined on any prior bad or inconsistent statements. This may happen on the same day of that person�s testimony. So if you don�t get that far, it won�t be turned over.

Your best bet is to ask your husband�s defense attorney if he received any portion of the minutes and whether you may see them. He may say no. You are not his client. The minutes are secret. So have your husband make the request. If your real issue is that you want to see if there is a chance for an appeal. Why not ask that question too? Chances are you�ll have to find a new attorney to do an appeal. But know that appeals are costly, lengthy and are not always successful.

Good luck.