People v. Winney

The defendant moves to dismiss the indictment against her on the grounds that she received transactional immunity pursuant to CPL 190.40. It is the defendant’s position that she was required to offer testimony, produce books and records before the Grand Jury without having executed a waiver of immunity. The defendant also asserts a secondary position that the Grand Jury proceeding was conducted in a manner prejudicial to her.

It is undisputed that upon the first appearance of the defendant before the Grand Jury she did, in fact, execute a valid waiver of immunity. The court finds that said…