PEOPLE v. EVANS


79 N.Y.2d 407 (1992)

The People of the State of New York, Appellant, v. David Evans, Respondent. The People of the State of New York, Appellant, v. Dana Davis, Respondent. The People of the State of New York, Appellant, v. Juan Oquendo, Respondent.

Court of Appeals of the State of New York.

Decided May 7, 1992.


Attorney(s) appearing for the Case

Richard A. Brown, District Attorney (John Castellano, Barbara Underwood and Andrew Zwerling of counsel), for appellant in the first, second and third above-entitled actions.

Laura Kreel Wexler and Philip L. Weinstein for respondents in the first, second and third above-entitled actions.

Chief Judge WACHTLER and Judges KAYE, TITONE, HANCOCK, JR., and YESAWICH, JR., concur; Judge SIMONS taking no part.


BELLACOSA, J.

The legal question common to these three cases arises out of the interpretation and practical interplay between CPL 190.50 (5) and 180.80. CPL 190.50 (5) affords individuals preliminarily accused of crimes the right to testify before a Grand Jury weighing the criminal charges against them provided that timely notice is given by the accused. CPL 180.80 requires the release of individuals being held...

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