PEOPLE v. ELLIS (1999)

Supreme Court, Appellate Division, Fourth Department, New York.

PEOPLE of the State of New York, Respondent, v. Larry H. ELLIS, Jr., Appellant. (Appeal No. 2.)

Decided: February 10, 1999

Present: DENMAN, P.J., GREEN, PINE, HAYES and CALLAHAN, JJ.

John Cirando, Syracuse, for Appellant. William J. Fitzpatrick, Syracuse, for Respondent.

Supreme Court properly denied defendant's CPL article 440 motion. Defendant waived his immunity from prosecution when he executed the waiver containing the required oath in the presence of the Grand Jury (see, People v. Stewart, 92 N.Y.2d 965, 683 N.Y.S.2d 751, 706 N.E.2d 739; People v. Hethington, 258 A.D.2d 919, 687 N.Y.S.2d 836).

Order unanimously affirmed.

MEMORANDUM:

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