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PEOPLE v. LOPEZ

195 Misc.2d 638 (2003)

760 N.Y.S.2d 821

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. JAIRO LOPEZ, Defendant.

Supreme Court, Bronx County.

April 15, 2003.

Attorney(s) appearing for the Case

Legal Aid Society (Michelle A.K. Smith of counsel), for defendant.

Robert M. Morgenthau, District Attorney (Terri Goldstone of counsel), for plaintiff.

OPINION OF THE COURT

NICHOLAS IACOVETTA, J.

The defendant moves to dismiss the indictment on the ground that he was denied his right to testify before the grand jury as provided by CPL 190.50.

Defendant's motion to dismiss the indictment on the above ground is denied because he did not provide the People with the required written notice which the People did not waive.

Facts

The defendant was arraigned on the felony complaint in...

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