PEOPLE v. LYONS


40 A.D.3d 1121 (2007)

837 N.Y.S.2d 706

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL LYONS, Appellant.

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

Decided May 29, 2007.


Ordered that the judgment is affirmed.

The defendant contends that he was deprived of an opportunity to testify before the grand jury. We disagree. CPL 190.50 (5) provides that a defendant has a right to testify before the grand jury if he or she serves written notice of his or her intent upon the District Attorney before an indictment is filed. Pursuant to CPL 190.50 (5) (a), the District Attorney has no duty to advise a defendant of grand jury proceedings unless...

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