The defendant moves pursuant to CPL 210.20 (subd 1, par [d]) to dismiss an indictment charging him with robbery in the first degree in violation of section 160.15 of the Penal Law. Defendant contends that he has immunity from prosecution with respect to the offense charged pursuant to CPL 190.40. It is factually undisputed that the defendant was subpoenaed to testify before the Grand Jury which indicted him, but the testimony given...
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