People v. Calate

OPINION OF THE COURT

Joseph Fisch, J.

Defendant, arrested under the name of Reuben Caíate, but who maintains that he properly identified himself to the police under his true name, Reuben Escalante, moves to dismiss the indictment, pursuant to CPL 190.50, 210.30 and 210.35, alleg*191ing that the People impinged on his right to testify in the Grand Jury. For the reasons that follow, defendant’s motion is granted, with leave to re-present to a different Grand Jury panel, if so advised.

FINDINGS OF FACTS

Defendant was indicted by a true bill filed on June 19, 1998, charging him with criminal sale of a…