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PEOPLE v. GINES

169 A.D.2d 546 (1991)

The People of the State of New York, Respondent, v. Ruben Gines, Also Known as Maximo Diaz, Appellant

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

January 22, 1991

Defendant's primary contention on appeal is that he was deprived of effective assistance of counsel due to counsel's failure to timely move to dismiss the indictment on the ground that the People failed to afford defendant a reasonable opportunity to testify before the Grand Jury. (See, CPL 190.50.) Any claim of a deprivation of defendant's right to testify before the Grand Jury was waived by defendant's plea of guilty. ...

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