People v. Gonzalez-Rodriguez

—Order unanimously reversed on the law, motion denied, indictment reinstated and matter remitted to Monroe County Court for further proceedings on the indictment. Memorandum: The People appeal from an order dismissing a superseding indictment, No. 828/94. That indictment had been filed while there was a pending motion to dismiss the superseded indictment, No. 768/94, on the ground that it had been obtained in violation of defendant’s right to testify before the Grand *1052Jury. County Court held that, upon dismissal of the first indictment, the People were required to obtain leave to present the…