PEOPLE v. WISDOM

1997-10089.

98 A.D.3d 241 (2012)

948 N.Y.S.2d 351

2012 NY Slip Op 5562

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SIDNEY WISDOM, Appellant.

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

July 11, 2012.


Attorney(s) appearing for the Case

Lynn W. L. Fahey , New York City ( De Nice Powell of counsel), for appellant.

Charles J. Hynes , District Attorney, Brooklyn ( Leonard Joblove and Ann Bordley of counsel), for respondent.

MASTRO, A.P.J., FLORIO and CHAMBERS, JJ., concur.


OPINION OF THE COURT

BALKIN, J.

This case concerns the elemental rule that witnesses be sworn before testifying and whether violation of that rule in the grand jury renders the proceeding so defective that the "integrity thereof is impaired and prejudice to the defendant may result" (CPL 210.35 [5]). This case also concerns the defendant's assertion that the People violated his right to a speedy trial under CPL 30.30.

I

On January 31, 1996...

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