PEOPLE v. CATES


238 A.D.2d 140 (1997)

655 N.Y.S.2d 511

The People of the State of New York, Respondent, v. Andre Cates, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

April 3, 1997


Although the Department of Correction failed to produce defendant to testify before the Grand Jury on two dates, the prosecutor offered two other dates, which counsel rejected because he was on trial in another case. The prosecutor then proposed five additional dates, which counsel rejected on the ground that he was going on vacation. In these circumstances, the People provided defendant with a "reasonable opportunity" to appear before the Grand Jury (People v Ferrara...

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