People v. Harris

OPINION OF THE COURT

Marcy L. Kahn, J.

This case presents novel issues concerning the extent to which a defendant has the right to prevent the prosecution from seeking a reduction of charges from felony to misdemeanor status based upon the defendant’s expressed desire to testify before the Grand Jury, and whether any such attempted reduction is valid in the absence of the defendant.

Defendant was arraigned on a felony complaint charging her with assault in the second degree (Penal Law § 120.05 [3]), which was subsequently reduced upon motion of the People *410pursuant to CPL 180.50 to assault in the…