Ordered that the judgment is affirmed.
We agree with the Supreme Court that the prosecutor did not deny the defendant his right to testify before the Grand Jury. Therefore, dismissal of the indictment was not warranted under CPL 190.50 (5) (a), 210.20, and 210.35. At bar, the defendant was arraigned in Criminal Court on November 23, 1993, at which time the People served a Grand Jury notice on the defendant. The defendant gave notice of his intention to testify before...
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