People v. Peters

*429OPINION OF THE COURT

Richard B. Meyer, J.

Motion by the defendant pursuant to CPL 190.50 to dismiss the indictments dated September 24 and October 9, 2007 on the grounds that his right to testify before the grand jury was effectively denied as he was not afforded reasonable notice of the grand jury proceedings within the meaning of CPL 190.50 (5) (a) or (b).

The defendant was arrested on September 18, 2007 and charged by a single felony complaint with two counts of the crime of criminal sale of a controlled substance in the fourth degree (Penal Law § 220.34 [1]), a class C felony. The felony…