People v. Goldman

OPINION OF THE COURT

Barry A. Schwartz, J.

Defendant’s motion is granted to the extent set forth in the accompanying memorandum decision.

The defendant moves to dismiss the indictment on the grounds that he was deprived of his right to testify on his own behalf before the grand jury (CPL 190.50 [5] [a], [c]). The District Attorney opposes on the grounds that the defendant “never served any notice of his intention to testify” as required by the statute (affirmation in opposition para 1; CPL 190.50 [5] [a]).

Findings of Fact

On March 23, 2012 the defendant was arraigned in criminal court and charged…