People v. Galberth

*421Judgment, Supreme Court, New York County (Jeffrey M. Atlas, J., on dismissal motion; John A.K. Bradley, J., at jury trial and sentence), rendered January 22, 2003, convicting defendant of robbery in the second degree, and sentencing him, as a second violent felony offender, to a term of 12 years, unanimously affirmed.

The court properly denied defendant’s CPL 190.50 (5) motion to dismiss the indictment. There was no violation of defendant’s right to testify before the grand jury, because the record establishes that on the day that defendant was scheduled to testify, the court, at defense…