PEOPLE v. NIX


265 A.D.2d 891 (1999)

696 N.Y.S.2d 326

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. GLEN A. NIX, Respondent.

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

Decided October 1, 1999.


Order unanimously reversed on the law, motion denied, indictment No. 4201 reinstated and matter remitted to Wyoming County Court for further proceedings on the indictment.

Memorandum:

County Court erred in granting defendant's motion to dismiss indictment No. 4201 on the ground that the People failed to honor a request by defendant to testify before the Grand Jury (see, CPL 190.50 [5] [c]). Indictment No. 4201 superseded indictment No. 4180 and was...

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