People v. Stewart

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and the defendant’s motion to dismiss the indictment denied.

On November 3, 1996, defendant was arraigned in Syracuse City Court on a felony complaint charging crimes of robbery and assault in the second degrees. On November 4, 1996 the prosecutor notified defendant, pursuant to CPL 190.50, that a Grand Jury proceeding would, take place and that defendant had a right to testify provided he waived immunity. On November 8, 1996, defendant notified the prosecutor of his intention to testify before the Onondaga…