People v. Enoe

OPINION OF THE COURT

Gustin L. Reichbach, J.

The defendant moves to dismiss the indictment claiming that the Grand Jury proceeding was defective because the integrity of the proceeding was impaired and the defendant may *499have been prejudiced. (CPL 210.20 [1] [c]; 210.35 [5].) The defendant argues that prosecutorial misconduct was committed by the Assistant District Attorney by interfering with the defendant’s right to the advice of counsel while testifying before the Grand Jury under a waiver of immunity. (CPL 190.52.) The motion to dismiss is granted with leave to re-present.

On August 17, 2000,…