People v. Knaak

OPINION OF THE COURT

Raymond E. Cornelius, J.

A motion to dismiss the indictment, in the above case, raises the question whether or not a defendant, who exercises his right to testify before a Grand Jury, may waive his constitutional rights in the absence of his attorney.

On or about April 30,1981, the defendant was arraigned in a lower criminal court on two charges of forgery in the second degree, class D felonies, in violation of subdivision 1 of section 170.10 of the Penal Law, and was assigned a court-appointed attorney. Thereafter, the defendant waived his right to a preliminary hearing,…