People v. Crown

Appeal by the People, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Berke, J.), dated April 5, 1994, as granted the defendant’s motion to dismiss the indictment pursuant to CPL 190.50 (5) (c) and 210.35 (4).

Ordered that the order is affirmed insofar as appealed from.

Contrary to the People’s contentions, the Supreme Court properly granted the defendant’s motion to dismiss the indictment. The People completely failed to substantiate their claim that the defendant’s former counsel had waived the defendant’s properly-invoked right to testify before the…