Spain, J.
Following a jury trial, defendant was convicted of the crimes of burglary in the second degree and petit larceny. Defendant's CPL 330.30 motion to set aside the verdict was denied. He now appeals from the judgment of conviction, arguing that he was denied the effective assistance of counsel due to the alleged failure of his original assigned defense counsel to secure his right to testify before the Grand Jury. Notably, the failure to make a timely motion...
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