People v. Crisp

OPINION OF THE COURT

Sullivan, J. P.

This appeal presents the issue of whether, as the motion court held, the People denied defendant his statutory right to testify before the Grand Jury (CPL 190.50 [5] [a]) when defense counsel mailed defendant’s notice of intent to testify six days before the case was presented to the Grand Jury but, as the record shows, the notice was not received by the District Attorney’s office until five days after the presentation and four days after the filing of the indictment. Inasmuch as defendant’s notice was not received until after the filing of the indictment,…