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PEOPLE v. MILTON

2014-08858, Ind. No. 2929/12.

143 A.D.3d 918 (2016)

2016 NY Slip Op 06847

39 N.Y.S.3d 497

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT MILTON, Appellant.

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

Decided October 19, 2016.

Ordered that the judgment is affirmed.

The defendant's motion to dismiss the indictment on the ground that he had been deprived of his right to testify before the grand jury was properly denied (see People v Weis, 56 A.D.3d 900, 901-902 [2008]). Further, contrary to the defendant's contention, even if his initial assigned counsel failed to act on his desire to testify before the grand jury, any such failure on the part of...

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