People v. Dunbar

OPINION OF THE COURT

Paul T. D’Amaro, J.

This motion for a dismissal of the indictment herein presents a question of the nature of a prospective defendant’s right to appear and testify before the Grand Jury.

The Grand Jury in question has charged the defendants with three counts of criminal activity, to wit: (1) assault in the second degree (Penal Law, § 120.05); (2) resisting arrest (Penal Law, § 205.30); and (3) obstructing governmental administration (Penal Law, § 195.05).

Each count arises from the same event, namely, a confrontation with the police officers who had responded to a compar*390ativel…