People v. Moser

Judgment unanimously affirmed. Memorandum: Defendant contends that he was denied his right to testify before the Grand Jury and thus that County Court erred in denying his motion to dismiss the indictment on that ground. We disagree. Defendant failed to establish that he notified the District Attorney in writing that he wished to testify before the Grand Jury (see, CPL 190.50 [5] [a]; People v Webb, 236 AD2d 872, 873, lv denied 90 NY2d 865). Defense counsel’s failure to provide a more detailed affidavit in support of that motion does not constitute ineffective assistance of counsel (see…