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PEOPLE v. WILCOTT

8067. 5076/13.

168 A.D.3d 478 (2019)

91 N.Y.S.3d 68

2019 NY Slip Op 00213

The People of the State of New York, Respondent, v. Alfred Wilcott, Appellant.

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

Decided January 10, 2019.

Defendant's motion to dismiss the indictment was properly denied because he was not entitled to grand jury notice pursuant to CPL 190.50 (5) (a) and did not file written notice of his intention to testify before the grand jury prior to the filing of the indictment. A defendant is only entitled to notice of a grand jury presentation as to charges contained in a pending felony complaint (see People v Thomas,

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