People v. Leggett

OPINION OF THE COURT

Vincent M. Del Giudice, J.

On May 2, 2003, the indictment herein was voted, charging *728the defendant with criminal possession of a weapon in the third degree and criminal possession of a weapon in the fourth degree. Defendant was arraigned on the indictment on June 5, 2003.

By motion dated June 9, 2003, defendant moves, pursuant to CPL 210.20 and 190.50, for dismissal of the indictment on the ground that he was denied the opportunity to exercise his right to testify before the grand jury.

The People’s response to defendant’s motion, although received late, will be considered…