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PEOPLE v. CLAY

248 A.D.2d 180 (1998)

669 N.Y.S.2d 813

The People of the State of New York, Respondent, v. Robert Clay, True Name Frank Leo Gatewood, Appellant

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

March 10, 1998

Defendant's motion to dismiss the indictment pursuant to CPL 190.50 (5) (c) was without merit since the record does not establish that defendant filed any written notice of his intention to testify before the Grand Jury prior to the filing of the indictment, a requirement that is strictly enforced (People v Smith, 197 A.D.2d 411). This was not a case "where the prosecutor acted precipitously, or where the oral request was followed...

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