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PEOPLE v. RIVERA

246 A.D.2d 443 (1998)

667 N.Y.S.2d 245

The People of the State of New York, Respondent, v. David Rivera, Appellant

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

January 22, 1998

The court properly denied defendant's motion to dismiss the indictment made pursuant to CPL 190.50 (5) (c). Since defendant did not file any written notice of his intention to testify before the Grand Jury, he was not entitled to dismissal. Counsel's failure to file such notice is not grounds for reversal (People v Wiggins, 89 N.Y.2d 872; People v Bundy, 186 A.D.2d 357, lv denied...

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