PEOPLE v. BALLARD


13 A.D.3d 670 (2004)

785 N.Y.S.2d 608

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARD B. BALLARD, Appellant.

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

December 2, 2004.


Kane, J.

Defendant was involved in an attempted carjacking. He was arrested and charged by felony complaint with attempted robbery in the third degree. The People personally served a grand jury notice on defendant five days before presentment and mailed a copy of the notice to defense counsel. Counsel's copy apparently arrived the day before presentment. Defendant asserts that he desired to testify before the grand jury, but he and counsel could not discuss the matter...

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