People v. McMillen

OPINION OF THE COURT

Dan Lamont, J.

Is the decision of the Appellate Division, Second Department, in the case of People v Lyon (82 AD2d 516 [2d Dept 1981]) relative to the swearing to a waiver of immunity before the Grand Jury still good law in light of the decision of the Court of Appeals in the case of People v Higley (70 NY2d 624 *919[1987])? This court holds and determines that even though the Court of Appeals in People v Higley (supra) rejected a substantial compliance argument and required strict compliance with the waiver of immunity statute (CPL 190.45 [2]), the case of People v Lyon…