People v. Gerard

OPINION OF THE COURT

Victor J. Alfieri, Jr., J.

By notice of motion dated November 10, 2008, defendant moves to dismiss the indictment on the ground that he was denied the opportunity to testify in the grand jury in violation of Criminal Procedure Law § 190.50 (5) (a). Specifically, defendant claims that he never received notice of the grand jury presentment date. In support of his motion, defendant submitted an affirmation of counsel dated November 3, 2008 and his own affidavit dated November 10, 2008. By affirmation dated December 1, 2008, the People oppose the relief sought and argue that…