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PEOPLE v. CALATE

178 Misc.2d 190 (1998)

678 N.Y.S.2d 861

The People of the State of New York, Plaintiff, v. Reuben Calate, Defendant.

Supreme Court, Bronx County.

August 17, 1998

Attorney(s) appearing for the Case

Julius DiFiore for defendant. Robert T. Johnson, District Attorney of Bronx County (Pasquale Vairo of counsel), for plaintiff.

JOSEPH FISCH, J.

Defendant, arrested under the name of Reuben Calate, but who maintains that he properly identified himself to the police under his true name, Reuben Escalante, moves to dismiss the indictment, pursuant to CPL 190.50, 210.30 and 210.35, alleging that the People impinged on his right to testify in the Grand Jury. For the reasons that follow, defendant's motion is GRANTED, with leave to re-present...

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