People v. Salazar

OPINION OF THE COURT

Bernard J. Fried, J.

By this motion, timely filed within five days pursuant to CPL 190.50 (5) (c), defendant seeks an order unconditionally dismissing the instant indictment. He contends that because the People failed to provide him with notice that a Grand Jury proceeding against him was in progress, he was denied his right to testify before the Grand Jury. For the reasons set forth, the motion to dismiss is denied.

*993A brief history of the case is necessary: defendant was arrested on May 6, 1987, and because of an injury, was hospitalized until May 11, 1987, at which time he…