People v. Hethington

*841OPINION OF THE COURT

Joseph E. Fahey, J.

The defendant moves to dismiss the indictment on the instant case pursuant to CPL 210.20 (1) (d) upon the ground that he has immunity from prosecution contending that the waiver of immunity acknowledged before the Grand Jury was ineffective because it was not executed under oath as required by CPL 190.45 (2).

On February 28,1997, the accused and his attorney appeared before an Onondaga County Grand Jury after first conferring with the Assistant District Attorney in an anteroom about the nature and consequences of waiving immunity. The record of these…