The motion court correctly concluded that the People had fulfilled their statutory duty under CPL 190.50 (5) (a) and (b) by making extensive efforts to honor defendant's cross-notice of his intention to testify before the grand jury. In effect, the ADA and trial counsel decided to forego the requirement that the People serve notice of a time and place to testify, and to arrange for a grand jury appearance over the telephone. Since the parties "agreed to depart from the statutorily...
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