Opinion
June 8, 1987
Appeal from the Supreme Court, Queens County (Giaccio, J.).
Ordered that the order is reversed, on the law, the indictment is reinstated, and the matter is remitted to the Supreme Court, Queens County, for further proceedings.
Contrary to the court's conclusion, since the defendant had been held for the action of the Grand Jury and since he was, therefore, no longer the subject of an undisposed of felony complaint in a local criminal court, the District Attorney was under no affirmative obligation to notify the defendant of prospective or pending Grand Jury proceedings (see, People v Green, 110 A.D.2d 1035; People v Washington, 42 A.D.2d 677; People v Talham, 41 A.D.2d 354; People v Lunney, 84 Misc.2d 1090). Accordingly, it was error to dismiss the indictment on the ground that the notification requirements of CPL 190.50 (5) (a) were violated. Mangano, J.P., Brown, Eiber and Harwood, JJ., concur.