In Matter of Brown v. Appelman, 241 AD2d 279, 283 [2d Dept 1998], the appellate court expressly rejected the identical mootness argument, finding that the issues raised were substantial, novel and likely to evade judicial review if not addressed (241 AD2d, at 282). The law requires that "a motion to dismiss an indictment that has been obtained in violation of the provisions of CPL 190.50 (5) (a) must be granted upon a timely motion" and the failure to do so requires the vacatur of conviction and dismissal of the indictment following trial. (People v. Costas, 248 AD2d 482, 483 [2d Dept 1998]; see also, People v. Huston, 88 NY2d 400, 411, supra [in which the Court stated, "conviction after trial does not cure defective Grand Jury proceedings"].)