Hence, the plea in the Criminal Court on October 21, 1976 was a nullity and the promise of a sentence of conditional discharge, conditional upon defendant's promise to make restitution for the damage caused, was, thus, unenforceable. Defendant's challenge to such divestiture on the ground that the indictment was invalid in that he was not afforded an opportunity to appear before the Grand Jury (CPL 190.50, subd 5) is without merit. We note that defendant did not take advantage...
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