Ordered that the judgment is affirmed, without costs or disbursements.
The petitioner commenced this habeas corpus proceeding contending, among other things, that his indictment should be dismissed because he was not afforded the right to appear before the Grand Jury as a witness in his own behalf pursuant to CPL 190.50 (5). Two months after the judgment appealed from was issued, the petitioner entered into a plea agreement waiving his rights to appeal from the judgment...
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