concurs in the result only in a separate memorandum as follows: In context, the statement that the defendant had not elected to testify had no significance. The *9Grand Jury would obviously know that the defendant was not going to testify. The People were simply stating that there were two witnesses for the defendant who were going to testify.
However, I can concur in the result because the court stated that it was dismissing the indictment with leave to resubmit.