Order unanimously modified by reinstating Indictments Nos. 40,288-A, 40,288-B and 40,288-C, and, as modified, affirmed.
Memorandum:
Defendants McParlane and Penders received immunity from the use of their statements given before the investigating unit of the police department, but not transactional immunity. As the Court of Appeals pointed out in People v Avant (
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