Criminal Term has dismissed the indictment which charged the defendant with manslaughter in the second degree. The dismissal was predicated on the immunity enjoyed by the defendant as the result of his previous testimony before the Grand Jury (see CPL 50.10, subd 3; 190. 40). The issue before us is whether the defendant's testimony has the quality of conferring transactional immunity, thus rendering the prosecution impotent from later charging...
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