PEOPLE v. WATKINS


40 A.D.3d 290 (2007)

837 N.Y.S.2d 7

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARL WATKINS, Appellant.

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

Decided May 8, 2007.


The People did not deprive defendant of his right to testify before the grand jury. The record supports the motion court's conclusion that defense counsel's actions were not diligent in arranging for her client's grand jury appearance. Counsel failed to return calls to the prosecutor; failed to call the prosecutor promptly after confirming that defendant wanted to testify; called the prosecutor's office to leave a message only after she had received a message indicating that...

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