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PEOPLE v. CALVERT

167 Misc.2d 823 (1996)

637 N.Y.S.2d 639

The People of the State of New York, Plaintiff, v. Norman Calvert, Defendant.

Supreme Court, Queens County.

January 16, 1996

Attorney(s) appearing for the Case

Jose Alberto Gonzalez, Sunnyside, for defendant. Richard A. Brown, District Attorney of Queens County, Kew Gardens (Eva L. Cooper of counsel), for plaintiff.

STEVEN W. FISHER, J.

On this motion, the defendant seeks an order dismissing the indictment and directing that he be afforded an opportunity to testify before any new Grand Jury convened to hear the case. He contends that he was unfairly deprived of the opportunity to present a viable self-defense claim to the Grand Jury by the operation of a statute which allows a District Attorney to disregard a defendant...

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