Opinion
January 21, 1986
Appeal from the County Court, Nassau County (Samenga, J.).
Judgment, as amended, reversed, on the law, and that branch of defendant's motion which was to dismiss the indictment granted, without prejudice to the People to resubmit the matter to another Grand Jury, if they be so advised. The findings of fact are affirmed.
Upon this record we conclude that defendant was deprived of a reasonably fair and uninterrupted opportunity pursuant to CPL 190.50 to first furnish the Grand Jury with his own version concerning the matters being investigated (see, People v Durante, 97 A.D.2d 851). Defendant appeared before the Grand Jury which was considering charges against him and submitted a waiver of immunity pursuant to CPL 190.45. He was permitted to give only a short statement before he was interrupted and examined at length by the prosecutor. Defendant twice asked the prosecutor for permission to explain himself, but was again permitted to give only short statements before being examined by the prosecutor. Accordingly, that branch of defendant's omnibus motion which sought to dismiss the indictment should have been granted, without prejudice to the People to resubmit the matter to another Grand Jury, if they be so advised. Lazer, J.P., Bracken, Niehoff and Kooper, JJ., concur.