People v. Callaway

OPINION OF THE COURT

Harvey W. Sherman, J.

The court conducted a hearing of this matter as scheduled pursuant to this court’s prior order, dated March 1, 1984. As to the issue of failure to accord the defendant an opportunity to appear before the Grand Jury to give evidence in his own behalf pursuant to CPL 190.50 (subd 5, par [a]), this court is compelled by the statute in question to dismiss the indictment, conditionally. The statute clearly states “[w]hen a criminal charge against a person is being or is about to be or has been submitted to a grand jury, such person has a right to appear…