PEOPLE v. SMITH


197 A.D.2d 411 (1993)

602 N.Y.S.2d 606

The People of the State of New York, Appellant, v. James Smith, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

October 14, 1993


Defendant's motion to dismiss the indictments was based on his claim that he was never afforded an opportunity to testify before either of the Grand Juries which indicted him despite the fact that at the time of his arraignment in Criminal Court on April 24, 1992 "he informed both the Court and his attorney that he wished to testify before the Grand Jury." However, CPL 190.50 (5) (a) provides that a person against whom a criminal charge is being or is about to be or has been...

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