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Bill of Rights.nys Constitution

Bill of Rights.nys Constitution

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Published by cjcs0307
Bill of Rights, NYS constitution
Bill of Rights, NYS constitution

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Published by: cjcs0307 on Oct 24, 2009
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10/24/2009

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§6. No person shall be held to answer for a capital or otherwiseinfamous crime (except in cases of impeachment, and in cases of militiawhen in actual service, and the land, air and naval forcesin time of war,or which this state may keep with the consent of congress in time ofpeace, and in cases of petit larceny under theregulation of the legislature),unless on indictment of a grand jury, except that a person held forthe action of a grand jury upona charge for such an offense, other thanone punishable by deathor life imprisonment, with the consent of thedistrict attorney,may waive indictment by a grand jury and consent tobe prosecuted on an information filed by the district attorney; suchwaiver shall be evidenced by written instrument signed by thedefendantin open court in the presence of his or her counsel. Inany trial inany court whatever the party accused shall beallowed to appear anddefend in person and with counsel as incivil actions and shall beinformed of the nature and cause of theaccusation and be confrontedwith the witnesses against him or her. No person shall be subject to betwice put in jeopardy for the same offense; nor shall he or she becompelled in anycriminal case to be a witness against himself orherself, providing, that any public officer who, upon being called beforea grand jury to testify concerning the conduct of his or her  presentoffice or of any public office held by him or her withinfive years priorto such grand jury call to testify, or the performance of his or herofficial duties in any such present or  prior offices, refuses to sign awaiver of immunity againstsubsequent criminal prosecution, or toanswer any relevantquestion concerning such matters before suchgrand jury, shall by virtue of such refusal, be disqualified from holdingany other 

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