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PEOPLE v. DAHLBENDER

23 A.D.3d 493 (2005)

805 N.Y.S.2d 597

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GEORGE DAHLBENDER, Appellant.

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

November 14, 2005.

Ordered that the judgment is affirmed.

The trial court properly denied the defendant's motion to dismiss the indictment on the ground of an alleged violation of his right to testify before the grand jury. As this Court has stated, the plain meaning of CPL 190.50 (5) (a) "compels the conclusion that the prosecutor had no duty to inform the defendant of his right to testify before the Grand Jury, as he was not arraigned in...

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