A preliminary report of Governor Andrew Cuomo’s anti-corruption panel has reignited an old debate over whether New York State should join the federal government and the vast majority of states and scrap its controversial “transactional immunity” rule that cloaks grand jury witnesses with an extraordinary shield against prosecution.
Under New York’s rule, codified under Criminal Procedure Law §50.20 and §190.40, a witness compelled to testify before a grand jury is automatically immune from prosecution on any matter on which she or he testifies, even if independent evidence is developed. The federal government and 33 states provide witnesses with “use immunity,” which bars the prosecution from using the witness’ own testimony, or evidence derived from that testimony, against the witness.
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