Legal Opinion
People v. Smith
Appellate Division of the Supreme Court of the State of New York
Decided May 31, 2005PublishedCited by 8 opinions
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Carroll, J.), rendered April 28, 2003, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
We disagree with the defendant’s contention that he was deprived of his right to testify before the grand jury. CPL 190.50 (5) (a) provides a defendant with the right to testify before the grand jury “if, prior to the filing of any indictment ... in the matter, he serves upon the district attorney of the county a written notice making such request.”…
2Cases cited5 opinions
- People v. VargasNew York Court of Appeals · 1996
- People v. RogersAppellate Division of the Supreme Court of the State of New York · 1996
- People v. LuperenaAppellate Division of the Supreme Court of the State of New York · 1990
- People v. VasquezAppellate Division of the Supreme Court of the State of New York · 2004
- People v. FernandezAppellate Division of the Supreme Court of the State of New York · 2001
3Cited by8 opinions
- People v. RumphAppellate Division of the Supreme Court of the State of New York · 2012
- People v. PerezAppellate Division of the Supreme Court of the State of New York · 2009
- People v. McNamaraAppellate Division of the Supreme Court of the State of New York · 2012
- MCNAMARA, DAVID F., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2012
- People v. GoldmanNew York Supreme Court · 2014
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