People v. Dabney

OPINION OF THE COURT

Herbert J. Lipp, J.

Defendant is charged with criminal sale of controlled substance (Penal Law § 220.44) et al. Defendant filed a motion, pursuant to CPL 210.20 (1) (c) and 210.35 (4), seeking dismissal of the instant indictment, due to an alleged denial of his right to testify before the Grand Jury (CPL 190.50 [5]). The People filed an answer in opposition. This court issued a preliminary decision, dated March 27, 1997, ordering an evidentiary hearing to resolve certain questions of fact. Defendant subsequently filed a reply and supplemental affirmation in support of his…