People v. Battle

—Appeal by the People from an order of the Supreme Court, Kings County (Lewis, J.), entered December 18, 2001, as amended by order of the same court, dated January 4, 2002, which granted the defendant’s motion to dismiss the indictment on the ground that he was denied an opportunity to testify before the grand jury pursuant to CPL 190.50.

Ordered that the order, as amended, is reversed, on the law and the facts, the motion is denied, the indictment is reinstated, and the matter is remitted to the Supreme Court, Kings County, for further proceedings on the indictment.

In a hearing on a motion to…