PEOPLE v. MERRIMAN


45 A.D.3d 700 (2007)

850 N.Y.S.2d 108

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEVEN MERRIMAN, Appellant.

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

Decided November 13, 2007.


Ordered that the judgment is affirmed.

Contrary to the defendant's claim, the prosecution gave the defendant sufficient notice of the grand jury proceedings. Although CPL 190.50 (5) (a) requires the People to give the defendant notice and to accord him "a reasonable time to exercise his right to appear as a witness" (People v Sawyer, 96 N.Y.2d 815, 816 [2001]), the prosecution never received a response from the defendant...

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