People v. Punter

OPINION OF THE COURT

Martin Marcus, J.

This case raises the question whether, pursuant to CPL 190.50 (5) (a), a defendant who initially "reserves” his right to testify before the Grand Jury, and then gives notice of his intention to testify only after the Grand Jury has voted an indictment against him, may insist upon testifying before a new Grand Jury. For the reasons set forth in this opinion, I conclude that he may not, and that CPL 190.50 (5) (a) is satisfied if he is afforded an opportunity to testify before the original panel.

On December 28, 1990, the defendant was charged by a *137Grand Jury…