Your client has just been held for the action of the grand jury. Although you have a valid defense, you do not want your client to testify for fear of creating a body of statements for future impeachment at trial in the event an indictment is returned. Under New York rules, however, you have another remedy if you have a material witness available. This article addresses that option and the ramifications in the event the prosecutor is uncooperative.
The Statute
CPL §190.50(6), provides:
A defendant or person against whom a criminal charge is being or is about to be brought in a grand jury proceeding may request the grand jury, either orally or in writing, to cause a person designated by him to be called as a witness in such proceeding. The grand jury may as a matter of discretion grant such request and cause such witness to be called pursuant to subdivision three.
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