OPINION OF THE COURT
BARRY A. SCHWARTZ, J.
Defendant's motion is granted to the extent set forth in the accompanying memorandum decision.
The defendant moves to dismiss the indictment on the grounds that he was deprived of his right to testify on his own behalf before the grand jury (CPL 190.50 [5] [a], [c]). The District Attorney opposes on the grounds that the defendant "never served any notice of his intention to testify" as required by the statute...
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