AD2 order dated July 11, 2012, reversing judgment of conviction and dismissing indictment with leave to re-present. Decision below: 98 A.D.3d 241; 948 N.Y.S.2d 351. Graffeo, J., granted leave to People October 5, 2012.

ISSUE PRESENTED: Whether the failure to swear a grand jury witness prior to his testimony rendered the proceeding so defective (CPL 210.35[5]) that the indictment had to be dismissed. (Assigned counsel: De Nice Powell & Lynn W.L. Fahey, Appellate Advocates, 2 Rector Street, 10^th Floor, NYC 10006.)

failure to swear a grand jury witness