§ 190.30 Grand jury; rules of evidence.\n 1. Except as otherwise provided in this section, the provisions of\narticle sixty, governing rules of evidence and related matters with\nrespect to criminal proceedings in general, are, where appropriate,\napplicable to grand jury proceedings.\n 2. A report or a copy of a report made by a public servant or by a\nperson employed by a public servant or agency who is a physicist,\nchemist, coroner or medical examiner, firearms identification expert,\nexaminer of questioned documents, fingerprint technician, or an expert\nor technician in some comparable scientific or professional field,\nconcerning the results of an examination, comparison or test performed\nby him in connection with a case which is the subject of a grand jury\nproceeding, may, when certified by such person as a report made by him\nor as a true copy thereof, be received in such grand jury proceeding as\nevidence of the facts stated therein.\n 2-a. When the electronic transmission of a certified report, or\ncertified copy thereof, of the kind described in subdivision two or\nthree-a of this section or a sworn statement or copy thereof, of the\nkind described in subdivision three of this section results in a written\ndocument, such written document may be received in such grand jury\nproceeding provided that: (a) a transmittal memorandum completed by the\nperson sending the report contains a certification that the report has\nnot been altered and a description of the report specifying the number\nof pages; and (b) the person who receives the electronically transmitted\ndocument certifies that such document and transmittal memorandum were so\nreceived; and (c) a certified report or a certified copy or sworn\nstatement or sworn copy thereof is filed with the court within twenty\ndays following arraignment upon the indictment; and (d) where such\nwritten document is a sworn statement or sworn copy thereof of the kind\ndescribed in subdivision three of this section, such sworn statement or\nsworn copy thereof is also provided to the defendant or his counsel\nwithin twenty days following arraignment upon the indictment.\n 3. A written or oral statement, under oath, by a person attesting to\none or more of the following matters may be received in such grand jury\nproceeding as evidence of the facts stated therein:\n (a) that person's ownership or lawful custody of, or license to\noccupy, premises, as defined in section 140.00 of the penal law, and of\nthe defendant's lack of license or privilege to enter or remain\nthereupon;\n (b) that person's ownership of, or possessory right in, property, the\nnature and monetary amount of any damage thereto and the defendant's\nlack of right to damage or tamper with the property;\n (c) that person's ownership or lawful custody of, or license to\npossess property, as defined in section 155.00 of the penal law,\nincluding an automobile or other vehicle, its value and the defendant's\nlack of superior or equal right to possession thereof;\n (d) that person's ownership of a vehicle and the absence of his\nconsent to the defendant's taking, operating, exercising control over or\nusing it;\n (e) that person's qualifications as a dealer or other expert in\nappraising or evaluating a particular type of property, his expert\nopinion as to the value of a certain item or items of property of that\ntype, and the basis for his opinion;\n (f) that person's identity as an ostensible maker, drafter, drawer,\nendorser or other signator of a written instrument and its falsity\nwithin the meaning of section 170.00 of the penal law;\n (g) that person's ownership of, or possessory right in, a credit card\naccount number or debit card account number, and the defendant's lack of\nsuperior or equal right to use or possession thereof.\n Provided, however, that no such statement shall be admitted when an\nadversarial examination of such person has been previously ordered\npursuant to subdivision 8 of sect
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