People v. Goldsborough

OPINION OF THE COURT

Patrick D. Monserrate, J.

Counsel for the defendant has moved for the dismissal of *346the first and second counts of the referenced four-count indictment on the ground that the District Attorney for Broome County failed to provide adequate notice of the Grand Jury presentation relating thereto as would have afforded the defendant a reasonable time to exercise his right to appear as a witness in that proceeding (CPL 190.50 [5] [a]; 210.20 [1] [c]; 210.35 [4]).1

An evidentiary hearing on the motion was held on December 19, 1990.

FACTUAL BACKGROUND

On September 21, 1990 the…