People v. Leggio

OPINION OF THE COURT

Irving Lang, J.

A request to testify before the Grand Jury must be specific and unequivocal before the court can entertain a motion to dismiss the indictment pursuant to CPL 190.50 (5) (a).

facts

Defendant Phillip Leggio, a New York City police officer, *321was arrested on March 12, 1986. He was arraigned in Manhattan Criminal Court on the charge of conspiracy in the second degree. Shortly thereafter, the prosecutor notified the defendant of the prospective Grand Jury proceedings. The case was presented to the Grand Jury between the latter part of May 1986 through July 1986.…