PEOPLE v. HETHINGTON


172 Misc.2d 840 (1997)

660 N.Y.S.2d 528

The People of the State of New York, Plaintiff, v. Jeffery Hethington, Defendant.

County Court, Onondaga County.

May 20, 1997


Attorney(s) appearing for the Case

George F. Hildebrandt for defendant. William J. Fitzpatrick, District Attorney of Onondaga County (Joseph O'Donnell of counsel), for plaintiff.


JOSEPH E. FAHEY, J.

The defendant moves to dismiss the indictment on the instant case pursuant to CPL 210.20 (1) (d) upon the ground that he has immunity from prosecution contending that the waiver of immunity acknowledged before the Grand Jury was ineffective because it was not executed under oath as required by CPL 190.45 (2).

On February 28, 1997, the accused and his attorney appeared before an Onondaga...

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