People v. Dixon

OPINION OF THE COURT

Anthony A. Scarping, Jr., J.

Defendants Evan Dixon and Sean Skyers move for an order dismissing the indictment upon the grounds that they were denied the opportunity to appear and testify before the Grand *455Jury (CPL 190.50 [5] [a]). The People oppose the motions. The motions are granted without prejudice to the People to represent this matter to another Grand Jury without further order of the court.

The facts are not in dispute. The seven defendants, along with one other individual, were arrested after a loaded firearm was found in the van they were riding in. The action was…