People v. Cates

—Judgment, Supreme Court, New York County (Carol Berkman, J., on CPL 190.50 motion to dismiss; Mary Davis, J., at jury trial and sentencing), rendered May 10, 1994, convicting defendant of three counts of robbery in the first degree, and sentencing him, as a second violent felony offender, to consecutive terms of 7 to 14 years, unanimously affirmed.

Although the Department of Correction failed to produce defendant to testify before the Grand Jury on two dates, the prosecutor offered two other dates, which counsel rejected because he was on trial in another case. The prosecutor then proposed…