Defendant moves to dismiss the indictment pursuant to CPL 190.50 (3), (5), (6); 210.20 (1) (c) and 210.35 (5) on the grounds that he was denied his right to testify before the Grand Jury and to present mitigating evidence both through his own testimony and through the testimony of a witness he proffered to the Grand Jury. Defendant contends that because he is charged with murder in the first...
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