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PEOPLE v. McMILLEN

152 Misc.2d 918 (1992)

The People of the State of New York, Plaintiff, v. Isaac A. McMillen, Defendant.

County Court, Schoharie County.

January 7, 1992

Attorney(s) appearing for the Case

Parshall & West (Michael A. West of counsel), for defendant. Roger H. Mallery, District Attorney (J. Russell Langwig, III, of counsel), for plaintiff.

DAN LAMONT, J.

Is the decision of the Appellate Division, Second Department, in the case of People v Lyon (82 A.D.2d 516 [2d Dept 1981]) relative to the swearing to a waiver of immunity before the Grand Jury still good law in light of the decision of the Court of Appeals in the case of People v Higley (70 N.Y.2d 624 [1987])?

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