People v. Baxley

OPINION OF THE COURT

Philip J. Chetta, J.

Defendant Luther Baxley has been indicted, inter alia, for criminal possession of a controlled substance in the second degree. He now moves for dismissal of the indictment for violation of his right to testify before the Grand Jury pursuant to CPL 190.50 (5).

For the reasons set forth, the court finds that defendant’s *517rights under CPL 190.50 (5) were not violated and therefore dismissal of the indictment under this section is not warranted.

The facts of the instant case present a unique question on the interrelationship between the defendant’s right to…