PEOPLE v. JACKSON


304 A.D.2d 327 (2003)

756 N.Y.S.2d 580

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

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

Decided April 3, 2003.


The court properly denied defendant's motion to dismiss the indictment on the ground that he had been denied his right to appear before the grand jury (see CPL 190.50 [5] [a]), since the People did provide defendant with an opportunity to so appear. Defendant's claim of ineffective assistance of counsel, based on his counsel's withdrawal of his request to appear before the grand jury, is not reviewable on the present record (see People v Love,

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