PEOPLE v. MAIER

2008-04488 (Ind. No. 3169-06).

77 A.D.3d 681 (2010)

908 N.Y.S.2d 711

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC MAIER, Appellant.

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

Decided October 5, 2010.


Ordered that the judgment is reversed, on the law, and the matter is remitted to the County Court, Suffolk County, for a new trial.

Under the circumstances of this case, the defendant's motion to dismiss the indictment on the ground that he was not afforded the opportunity to testify before the grand jury, and that he was deprived of the effective assistance of counsel in that respect, was properly denied (see CPL 210.20 [1] [c]; 210.35 [4]; 190.50 [5] [a]...

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