In New York State, when one is charged with a felony, the State can only bring one to trial on the felony charge if it can obtain an indictment by a grand jury. To indict someone, the state must present evidence to a grand jury that demonstrates there is reasonable cause to believe a felony occurred and the defendant is responsible for it. It is a secret proceeding, and the defendant cannot cross-examine any witnesses.
However, under NY Criminal Procedure Law Section 190.50, the defendant does have a statutory right to testify in the grand jury. That is, he can try and avoid or seek lesser charges by telling his side of the story. Doing so has risks, but it could result in a dismissal of the case. Defense lawyers and their clients often have different opinions on whether the client testifying in the grand jury is a good idea. As a result, there is often a healthy conflict between the parties as to what is the best course of action to take.
