People v. Kinlock

In satisfaction of a two-count indictment, defendant pleaded guilty to rape in the third degree and was sentenced to a term of imprisonment of 1 to 3 years to run concurrently with a sentence he was already serving. Thereafter, defendant brought this CPL 440.10 motion seeking principally to vacate the judgment of conviction on the ground that the People allegedly deprived him of the right to testify before the grand jury pursuant to CPL 190.50 (5) (a). County Court denied the motion without a hearing. Defendant now appeals, by permission of this Court.

Significantly, a defendant’s objections…