After defendant was arraigned on a felony complaint his counsel was served in open court with notice of his right to testify before the grand jury pursuant to CPL 190.50. When the Assistant District Attorney inquired as to whether defendant would, in fact, testify, counsel reserved his decision. On the next adjourned date, newly assigned defense counsel noted that she had been informed that the case had already been presented to the grand jury and then stated in open court...
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