PEOPLE v. STEWART


247 A.D.2d 849 (1998)

669 N.Y.S.2d 102

The People of the State of New York, Appellant, v. Richard Stewart, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 4, 1998


Order affirmed.

Memorandum:

Supreme Court properly dismissed the indictment on the ground that defendant's waiver of immunity did not comply with CPL 190.45 and that the testimony of defendant before the Grand Jury thus rendered him immune from prosecution (see, CPL 190.40 [2] [a]). The record establishes that defendant appeared before an Onondaga County Grand Jury and signed a waiver of immunity, which provided in part: "I, Richard Stewart * * * swear...

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