People v. Maldanado

OPINION OF THE COURT

Norman J. Felig, J.

The indictment having been dismissed by order dated August 25, 1978, the People, by way of order to show cause, seek leave to submit the charges to the same or another Grand Jury and to amend the order by making the dismissal condi*654tional upon the defendant testifying before the Grand Jury under a waiver of immunity.

The defendant was indicted for the crimes of robbery in the first degree, robbery in the second degree and grand larceny in the second degree under Indictment No. 2203 of 1978. On August 10, 1978 the defendant moved for a dismissal of the…