PEOPLE v. TOLE

104290.

94 A.D.3d 1334 (2012)

942 N.Y.S.2d 295

2012 NY Slip Op 3236

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. KUIDON TOLE, Respondent.

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

Decided April 26, 2012.


Malone Jr., J.

After defendant was accused of unlawfully possessing contraband while an inmate at the Sullivan County Jail, the People served, by mail, a grand jury notice on defendant's counsel approximately one week prior to presentment, informing him that written notice of defendant's intent to testify before the grand jury was due no later than one day prior to presentment. The People did not receive such notice from defendant and an indictment was subsequently...

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