People v. Winslow

OPINION OF THE COURT

Leon A. Beerman, J.

CPL 190.50 gives a defendant the right to testify in front of the Grand Jury considering charges against him if he gives notice of his intention to so testify. CPL 180.80 requires the release from pretrial detention of a defendant who has been in custody for a certain period of time, unless an indictment has been voted against him or other circumstances exist. The interesting and novel question presented by the instant case concerns the apparent tension between these two statutes: What should a prosecutor do when a defendant in custody has given notice…