PEOPLE v. BAXLEY


140 Misc.2d 516 (1988)

The People of the State of New York, Plaintiff, v. Luther Baxley, Defendant.

Supreme Court, Queens County.

July 20, 1988


Attorney(s) appearing for the Case

Joseph Gerardi for defendant. John J. Santucci, District Attorney (Peter Reese of counsel), for plaintiff.


PHILIP J. CHETTA, J.

Defendant Luther Baxley has been indicted, inter alia, for criminal possession of a controlled substance in the second degree. He now moves for dismissal of the indictment for violation of his right to testify before the Grand Jury pursuant to CPL 190.50 (5).

For the reasons set forth, the court finds that defendant's rights under CPL 190.50 (5) were not violated and therefore...

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