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PEOPLE v. PEREZ-TAVARES

238 A.D.2d 446 (1997)

656 N.Y.S.2d 352

The People of the State of New York, Appellant, v. Humberto Perez-Tavares, Respondent

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

April 14, 1997

Ordered that the order is reversed, on the law, the motion is denied, and the indictment is reinstated.

The defendant was arrested and charged in a felony complaint with the robbery of the complainant on a particular date. The prosecution thereafter advised the defendant that the charge set forth in the felony complaint would be presented to the Grand Jury, and the defendant ultimately declined to testify before the Grand...

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