People v. Gray

OPINION OF THE COURT

Alfred H. Kleiman, J.

On August 6, 1992 defendant was arraigned in Criminal *598Court upon a felony complaint charging defendant with criminal possession of a controlled substance in the third degree and other related charges. Pursuant to CPL 190.50 (5) (a), defense counsel, on behalf of defendant, served written notice that the defendant wished to testify before the Grand Jury and stating that notice of presentment be sent to the attorney for the defendant. Defendant was indicted on September 5, 1992.

On September 15, 1992 the People conceded that defendant was not afforded an…