The court properly denied defendant's CPL 190.50 (5) motion to dismiss the indictment. There was no violation of defendant's right to testify before the grand jury, because the record establishes that on the day that defendant was scheduled to testify, the court, at defense counsel's request, properly ordered a psychiatric examination under CPL article 730. Therefore, the People were entitled to complete the grand jury presentation without defendant's testimony (CPL 730.40...
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