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PEOPLE v. BEY-ALLAH

132 A.D.2d 76 (1987)

The People of the State of New York, Respondent, v. Ralim Bey-Allah, Appellant

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

December 3, 1987

Attorney(s) appearing for the Case

Arnold S. Cohen of counsel (Caesar D. Cirigliano, attorney), for appellant.

Marc Frazier Scholl of counsel (Robert M. Pitler with him on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

SANDLER, J. P., SULLIVAN, MILONAS and WALLACH, JJ., concur.

ROSS, J.

This appeal presents us with the issue of whether an indictment must be dismissed, when a defendant, arraigned in a local criminal court, upon an undisposed of felony complaint, serves on the District Attorney, pursuant to CPL 190.50 (5) (a), prior to the commencement of Grand Jury proceedings, a timely notice of an intention to testify before such Grand Jury, and the District Attorney delays his notice...

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