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PEOPLE v. ROOT

87 Misc.2d 482 (1976)

The People of the State of New York, Plaintiff, v. Stanley R. Root, Defendant.

Supreme Court, Special Term, Bronx County.

June 11, 1976

Attorney(s) appearing for the Case

Rothblatt, Rothblatt, Seijas & Peskin (Stephen H. Peskin of counsel), for defendant. Mario Merola, District Attorney (Daniel E. Karson of counsel), for plaintiff.

JACK ROSENBERG, J.

The defendant, Stanley Roy Root, moves for an order pursuant to CPL 190.50 dismissing the indictment herein. Subdivision 5 of that section provides in relevant part:

"Although not called as a witness by the people or at the instance of the grand jury, a person has a right to be a witness in a grand jury proceeding under circumstances prescribed in this subdivision: "(a)...

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