The issue, apparently undecided heretofore, is whether a defendant is entitled to be relieved of an indictment, upon his claim that he did not get statutory notice of his right to appear as a witness before the Grand Jury (CPL 190.50, subd 5, par [a]) even though he now expressly disavows any willingness to testify, were the court to order dismissal and re-presentation of the charges...
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