Legal Opinion

People v. Dahlbender

Appellate Division of the Supreme Court of the State of New York

Decided November 14, 2005PublishedCited by 25 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Copertino, J.), rendered January 8, 2001, convicting him of murder in the second degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The trial court properly denied the defendant’s motion to dismiss the indictment on the ground of an alleged violation of his right to testify before the grand jury. As this Court has stated, the plain meaning of CPL 190.50 (5) (a) “compels the *494conclusion that the prosecutor had no duty to inform the defendant of his right to testify…

2Cases cited26 opinions

  1. People v. ContesNew York Court of Appeals · 1983
  2. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  3. People v. CrimminsNew York Court of Appeals · 1975
  4. People v. SandovalNew York Court of Appeals · 1974
  5. People v. GallowayNew York Court of Appeals · 1981

21 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. People v. WardAppellate Division of the Supreme Court of the State of New York · 2014
  2. People v. FotiouAppellate Division of the Supreme Court of the State of New York · 2007
  3. People v. CelleriAppellate Division of the Supreme Court of the State of New York · 2006
  4. People v. GenyardAppellate Division of the Supreme Court of the State of New York · 2011
  5. People v. HayesAppellate Division of the Supreme Court of the State of New York · 2007

20 more not listed; retrieve them via the Exa API.

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