N.Y. CPL Law § 190.90

This is the official text of N.Y. CPL Law § 190.90, part of New York’s CPL Law — part of the compiled statutory law of New York, published by the state as "CPL Law." Browse the sections below, each linked to its official government source.

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Grand jury; appeal from order concerning grand jury reports

Official statutory text

§ 190.90 Grand jury; appeal from order concerning grand jury reports.\n 1. When a court makes an order accepting a report of a grand jury\npursuant to paragraph (a) of subdivision one of section 190.85, any\npublic servant named therein may appeal the order; and when a court\nmakes an order sealing a report of a grand jury pursuant to subdivision\nfive of section 190.85, the district attorney or other attorney\ndesignated by the grand jury may appeal the order.\n 2. When a court makes an order sealing a report of a grand jury\npursuant to subdivision five of section 190.85, the district attorney or\nother attorney designated by the grand jury may, within ten days after\nservice of a copy of the order and report upon each public servant named\nin the report, appeal the order to the appellate division of the\ndepartment in which the order was made, by filing in duplicate a notice\nof appeal from the order with the clerk of the court in which the order\nwas made and by serving a copy of such notice of appeal upon each such\npublic servant. Notwithstanding any contrary provision of section\n190.85, a true copy of the report of the grand jury shall be served,\ntogether with such notice of appeal, upon each such public servant.\n 3. The mode of and time for perfecting an appeal pursuant to this\nsection, and the mode of and procedure for the argument thereof, are\ndetermined by the rules of the appellate division of the department in\nwhich the appeal is brought. Such rules shall prescribe the matters\nreferred to in subdivision one of section 460.70 and in section 460.80,\nexcept that such appeal is a preferred cause and the appellate division\nof each department shall promulgate rules to effectuate such preference.\n 4. The record and all other presentations on appeal shall remain\nsealed, except that upon reversal of the order sealing the report or\ndismissal of the appeal of the named public servant by the appellate\ndivision, the report of the grand jury, with the appendix, if any, shall\nbe filed as a public record as provided in subdivision three of section\n190.85.\n 5. The procedure provided for in this section shall be the exclusive\nmanner of reviewing an order made pursuant to section 190.85 and the\nappellate division of the supreme court shall be the sole court having\njurisdiction of such an appeal. The order of the appellate division\nfinally determining such appeal shall not be subject to review in any\nother court or proceeding.\n 6. The grand jury in an appeal pursuant to this section shall be\nrepresented by the district attorney unless the report relates to him or\nhis office, in which event the grand jury may designate another\nattorney.\n

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.