People v. Searles

George OB1. Roberts, J.

This is a motion by the defendant for an order dismissing the indictment pursuant to CPL 210.20 (subd, 1, par. [c]) for failure to afford the defendant an opportunity to appear and testify before the grand jury.

Defendant was charged in a felony complaint dated September 14, 1974 with the crime of arson in violation of section 150.15 *851of the Penal Law. An order of examination pursuant to CPL (art. 730) was made on that date. The defendant was found incompetent to .stand trial and was committed to the Commissioner of Mental Hygiene under a temporary order of observation on…