People v. Stewart, 92 N.Y.2d 963 (1998)
A waiver of immunity before a grand jury is valid when the defendant signs a written waiver containing an oath in the presence of the grand jury, and the grand jury foreperson acknowledges the oath, satisfying the requirements of CPL 190.45(2).
Summary
Richard Stewart was charged with robbery and assault. He was informed of his right to testify before the grand jury if he waived immunity. Stewart signed a waiver of immunity in the grand jury’s presence, which included a sworn oath, and the foreperson acknowledged the oath. Subsequently indicted, Stewart moved to dismiss, arguing that the waiver was invalid because he hadn’t taken a separate oath affirming its contents. The trial court agreed and dismissed the indictment, but the Court of Appeals reversed, holding that signing the waiver containing the oath in the grand jury’s presence, with the foreperson’s acknowledgment, satisfied the statutory requirements for a valid waiver of immunity.
Facts
Richard Stewart was arraigned on felony charges of robbery and assault. The prosecutor notified Stewart of his right to testify before the grand jury, contingent on waiving immunity. Stewart expressed his intention to testify. He appeared before the grand jury with his attorney and was presented with an unexecuted waiver of immunity. The waiver contained a statement swearing to its terms, pursuant to CPL 190.45. Stewart signed the waiver in the presence of the grand jury and his attorney. The grand jury foreperson and Stewart’s attorney also signed the waiver, with the foreperson acknowledging the written oath. Stewart then testified, and an indictment was returned against him.
Procedural History
Stewart moved to dismiss the indictment, claiming he had been granted transactional immunity because his waiver was invalid. The trial court agreed, dismissing the indictment after a hearing. The Appellate Division affirmed. The New York Court of Appeals reversed the Appellate Division’s order.
Issue(s)
Whether a waiver of immunity is effective under CPL 190.45(2) when the defendant signs a written waiver containing an oath in the presence of the grand jury, and the grand jury foreperson acknowledges the oath, even if a separate testimonial oath as to the validity of the waiver’s contents is not administered.
Holding
Yes, because under CPL 190.45(2), the act of signing a waiver of immunity that contains a sworn oath, in the presence of the Grand Jury, and its acknowledgement by the Grand Jury foreperson satisfies the statutory requirement that the waiver be sworn to before the grand jury.
Court’s Reasoning
The Court of Appeals reasoned that CPL 190.45(2) requires both subscribing to and swearing to the waiver before the grand jury. Here, Stewart satisfied that requirement by signing the waiver that included the oath in the presence of the grand jury. The grand jury foreperson, authorized to administer oaths under CPL 190.25(2), acknowledged this act. The Court distinguished this case from People v. Higley, 70 N.Y.2d 624 (1987), where the waiver was executed outside the grand jury’s presence and not sworn to or ratified before it. In Stewart’s case, the signing of the waiver and the oath occurred within the grand jury’s presence and were acknowledged by its foreperson. The court held that no further action was required under CPL 190.45(2). The court emphasized the importance of adhering to statutory requirements but found that those requirements were met in this case. The present and unequivocal act of signing the waiver containing the oath, coupled with the foreperson’s acknowledgment, validated the waiver.