People v. Root

The defendant, Stanley Roy Root, moves for an order pursuant to CPL 190.50 dismissing the indictment herein. Subdivision 5 of that section provides in relevant part:

"Although not called as a witness by the people or at the instance of the grand jury, a person has a right to be a witness in a grand jury proceeding under circumstances prescribed in this subdivision:

"(a) When 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 before such grand jury as a witness in his own behalf if, prior to the filing of any…