In People v. Lester, 135 Misc.2d 205 (Sup. Ct. Bronx Cty. 1987), a defendant who testified in the Grand Jury and had the case dismissed, was going to trial regarding a separate incident that occurred "within hours" of the dismissed matter. That court held that if the People receive notice of an alibi defense at trial, the Grand Jury minutes of the dismissed case may be unsealed so that the People may use them to impeach the defendant on cross-examination. Id. at 206-07.) In People v. Lester, the People sought to have access to sealed grand jury testimony of a defendant in a prior, unrelated case where defendant was charged with two robbery counts and a grand larceny count. They wished to unseal the minutes when defendant testified under a waiver of immunity before another Grand Jury concerning unrelated crimes, so that the defendant's testimony could be used to impeach him if he testified in that case and offered an alibi which was inconsistent with his testimony before the first Grand Jury, concerning his actions and whereabouts at approximately the same date and time involved in the first prosecution. Citing Karassik, at 664, the court noted that there are circumstances where records must be unsealed to serve fairness and justice, but that the authority should be exercised only rarely "upon a compelling demonstration... that without an unsealing of criminal records, the ends of protecting the public cannot be accomplished." Mtr of Dondi at 338. The court denied the People's request, because they failed to show a current, compelling need for the minutes. There was no evidence at the time of the motion that defendant would testify, or that he would impose an alibi defense inconsistent with his prior Grand Jury testimony. Thus, the motion was denied as premature.