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PEOPLE v. FLOWERS

283 A.D.2d 362 (2001)

728 N.Y.S.2d 131

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN FLOWERS, Appellant.

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

Decided May 31, 2001.

Defendant's motion to dismiss the indictment on the ground that he was deprived of his right to testify before the Grand Jury was properly denied without a hearing. The record is clear that while defendant initially submitted a timely written request to testify, such notice was withdrawn, through counsel, prior to the People's presentation of the case to the Grand Jury. Defendant's moving papers were insufficient to raise a factual...

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