People v. Lopez

OPINION OF THE COURT

Nicholas Iacovetta, J.

The defendant moves to dismiss the indictment on the ground that he was denied his right to testify before the grand jury as provided by CPL 190.50.

Defendant’s motion to dismiss the indictment on the above ground is denied because he did not provide the People with the required written notice which the People did not waive.

Facts

The defendant was arraigned on the felony complaint in the presence of counsel on October 3, 2002. The People’s affirma*639tion asserts without contradiction by the defense that the defense never served written notice of…