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PEOPLE v. DELCERRO

299 A.D.2d 160 (2002)

753 N.Y.S.2d 358

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM DELCERRO, Appellant.

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

Decided November 7, 2002.

Defendant's motion to dismiss the indictment on the ground that he was deprived of his opportunity to appear before the grand jury was properly denied as untimely (CPL 190.50 [5] [c]; People v Biggs, 214 A.D.2d 312), as well as on the merits, since it did not state a sufficient basis for dismissal. Defense counsel's failure to effectuate defendant's request to testify before the grand...

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