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This entry was published on 2014-09-22
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SECTION 325
Stenographers' duties
Judiciary (JUD) CHAPTER 30, ARTICLE 10-A
§ 325. Stenographers' duties. 1. It shall be lawful for any
stenographer duly appointed and qualified as hereinbefore provided, to
attend and be present at the session of every grand jury impaneled in
the county in which he is appointed, and it shall be his duty to take in
shorthand or upon a typewriting machine the testimony introduced before
such grand juries, and, except when his original notes and minutes and
the exhibits pertaining thereto have been impounded as hereinafter
provided for, to furnish to the district attorney of such county a full
copy of all such testimony as such district attorney shall require, but
he shall not permit any other person to take a copy of the same, nor of
any portion thereof, nor to read the same, or any portion thereof,
except upon the written order of the court duly made after hearing the
said district attorney provided, however, that the judge presiding over
the term of court for which any grand jury is drawn, may at any time
during the sitting of such grand jury and upon petition signed by its
foreman or acting foreman and certified by its clerk to have been
authorized by twelve or more of the grand jurors constituting such grand
jury, impound the stenographer's original notes and minutes and the
exhibits pertaining thereto, or any portion of such original notes,
minutes, and exhibits, and may order them to be delivered to him and
placed in his custody or in the custody of a public officer named by
him. When so impounded, such original notes, minutes, and exhibits shall
not be taken from the custody of such judge or such public officer
except upon the order of such judge, who, upon the written requisition
of the foreman or acting foreman of such grand jury, shall deliver them
or order them to be delivered to such foreman or acting foreman for use
in the grand jury room during the hours when the grand jury is actually
in session. Except as above provided, all of the said original notes
and minutes shall be kept in custody of said district attorney, and
neither the same, nor a copy of the same, or any portion of the same,
shall be taken from the office of said district attorney, excepting as
above provided. Nothing contained in this section, however, shall be
construed to prohibit a grand jury from inspecting its own minutes and
exhibits while in session.

2. Where an application follows a demand to produce any transcript of
testimony at a grand jury proceeding pursuant to paragraph (b) of
subdivision two of section 331.2 or paragraph (a) of subdivision one of
section 331.4 of the family court act the presentment agency and
respondent shall be given notice of such application and an opportunity
to be heard.