PEOPLE v. BROOKS


247 A.D.2d 486 (1998)

669 N.Y.S.2d 294

The People of the State of New York, Respondent, v. Luther Brooks, Appellant

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

February 9, 1998


Ordered that the judgment is affirmed.

The defendant claims that he was denied his right to testify before the Grand Jury because the People purposefully failed to arraign him on the felony complaint in order to avoid serving him with notice pursuant to CPL 190.50 (5) (a). This claim is unpreserved for appellate review. The defendant failed to raise it as a ground for the dismissal of the indictment, thereby waiving it (see, CPL 190.50 [5] [c]; 210.20 [1] ...

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