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PEOPLE v. RIVERS

166 Misc.2d 98 (1995)

631 N.Y.S.2d 509

The People of the State of New York, Plaintiff, v. Derrick Rivers, Defendant.

Supreme Court, Kings County.

September 5, 1995

Attorney(s) appearing for the Case

Legal Aid Society, Brooklyn (Cedric Gayle of counsel), for defendant. Charles J. Hynes, District Attorney of Kings County, Brooklyn (Joanne Grippo of counsel), for plaintiff.

MICHAEL A. GARY, J.

The defendant, charged with criminal sale of a controlled substance in the third degree (Penal Law § 220.39) and related offenses, moves for dismissal of the indictment pursuant to CPL 210.35 and 210.40, alleging that the People have failed to afford him his right to testify before the Grand Jury, in violation of CPL 190.50 (5). The People oppose the motion in a written response dated...

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