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PEOPLE v. BETHEA

12 A.D.3d 454 (2004)

783 N.Y.S.2d 853

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES BETHEA, Appellant.

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

November 8, 2004.

Ordered that the judgment is affirmed.

Despite the defendant's contention to the contrary, he was not deprived of his right to testify before the grand jury as a result of the prosecutor's interruptions during his grand jury appearance, since the prosecutor simply prevented him from testifying on a variety of topics that were not relevant to the facts of this case or the grand jury's investigation (see People v Smith, 199 A.D.2d 348

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