PEOPLE v. VALLE


198 A.D.2d 459 (1993)

605 N.Y.S.2d 904

The People of the State of New York, Appellant, v. Nancy Valle, Respondent

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

November 22, 1993


Ordered that the order is reversed, on the law, the motion is denied, and the indictment is reinstated.

The Supreme Court erred in granting the defendant's motion based on an alleged interference with her right to testify before the Grand Jury. CPL 190.50 (5) (c) provides that a motion to dismiss an indictment because a defendant has not been allowed to testify before the Grand Jury must be made not more than five days after the defendant is arraigned on the indictment...

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