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PEOPLE v. BOSWELL

163 Misc.2d 529 (1994)

621 N.Y.S.2d 482

The People of the State of New York, Plaintiff, v. Tyrone Boswell, Defendant.

Supreme Court, Kings County.

December 23, 1994

Attorney(s) appearing for the Case

Legal Aid Society, Brooklyn (Robert M. Baum, Edward Mayr and Monica F. Sheehan of counsel), for defendant. Charles J. Hynes, District Attorney of Kings County, Brooklyn (Roberta Darwin of counsel), for plaintiff.

DAVID FRIEDMAN, J.

The issue before the court concerns defendant's right to testify before the Grand Jury pursuant to CPL 190.50. Defendant failed to testify because his attorney was on vacation when her office received notice of the time for him to appear. I conclude that where the District Attorney has met all of his obligations under CPL 190.50 defense counsel's failure to secure her client's right to testify...

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