VICTOR J. ALFIERI, J.
By Notice of Motion dated November 10, 2008, defendant moves to dismiss the indictment on the ground that he was denied the opportunity to testify in the grand jury in violation of Criminal Procedure Law Section 190.50(5)(a). Specifically, defendant claims that he never received notice of the grand jury presentment date. In support of his motion, defendant submitted an Affirmation of Counsel dated November 3, 2008 and his own Affidavit dated...
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