The court properly denied defendant's CPL 190.50 motion to dismiss the indictment, in which he claimed he was deprived of his right to testify before the grand jury. The prosecutor's uncontroverted assertions in his affirmation in opposition establish that the failure of defendant to testify was caused by counsel's refusal to provide the prosecution with a definitive answer as to whether defendant actually intended to testify, and failure to cooperate with the prosecution...
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