People v. Rivers

OPINION OF THE COURT

Michael A. Gary, J.

The defendant, charged with criminal sale of a controlled substance in the third degree (Penal Law § 220.39) and related *99offenses, moves for dismissal of the indictment pursuant to CPL 210.35 and 210.40, alleging that the People have failed to afford him his right to testify before the Grand Jury, in violation of CPL 190.50 (5). The People oppose the motion in a written response dated August 16, 1995.

PROCEDURAL HISTORY

Defendant was arraigned in criminal court on July 3, 1995. The defendant was held on $1,500 bail for the action of the Grand Jury and the…