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PEOPLE v. CLARK

267 A.D.2d 4 (1999)

699 N.Y.S.2d 352

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIE CLARK, Appellant.

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

Decided December 2, 1999.

Defendant's motion to dismiss the indictment was properly denied. Defendant failed to invoke his right to testify before the Grand Jury since he did not provide written notice of his intention to testify and there is no basis for excusing that requirement in this case (see, People v Clay, 248 A.D.2d 180, lv denied 92 N.Y.2d 849). In any event, defendant was given more than reasonable opportunity to testify and his failure...

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