PEOPLE v. HOGAN

No. 18

26 N.Y.3d 779 (2016)

28 N.Y.S.3d 1

2016 NY Slip Op 01207

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARCUS D. HOGAN, Appellant.

Court of Appeals of New York.

Decided February 18, 2016.


Attorney(s) appearing for the Case

Shirley A. Gorman , Brockport, for appellant.

Sandra Doorley , District Attorney, Rochester ( Robert J. Shoemaker of counsel), for respondent.


OPINION OF THE COURT

Under the circumstances of this case, we conclude that the drug factory presumption of Penal Law § 220.25 was properly considered by the factfinder. In addition, defendant argues that the decision regarding whether to testify before the grand jury is fundamental and, therefore, reserved to defendants...

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