PEOPLE v. BAEZ


290 A.D.2d 372 (2002)

737 N.Y.S.2d 338

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

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

Decided January 29, 2002.


Defendant's claim that the court should have dismissed the indictment on the ground that he had been deprived of his right to testify before the grand jury was affirmatively waived when defendant, through counsel (see, People v Ferguson, 67 N.Y.2d 383, 390), withdrew the motion to dismiss, leaving nothing for the court to decide. Defendant expressly withdrew the motion itself, and not merely his request to testify before the grand...

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