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PEOPLE v. PETERS

18 Misc.3d 428 (2007)

852 N.Y.S.2d 679

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. NATHAN M. PETERS, Defendant.

County Court, Essex County.

December 7, 2007.

Attorney(s) appearing for the Case

Brandon E. Boutelle, Deputy Public Defender, Elizabethtown, for defendant.

Julie A. Garcia, District Attorney, Elizabethtown (Michael P. Langey of counsel), for plaintiff.

OPINION OF THE COURT

RICHARD B. MEYER, J.

Motion by the defendant pursuant to CPL 190.50 to dismiss the indictments dated September 24 and October 9, 2007 on the grounds that his right to testify before the grand jury was effectively denied as he was not afforded reasonable notice of the grand jury proceedings within the meaning of CPL 190.50 (5) (a) or (b).

The defendant was arrested on September...

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